HomeMy WebLinkAboutPlanning 01/31/2018Planning Board Minutes
January 31, 2018
Present: Tom French, Chair; Don Cleary, Clerk; Beth Ashman -Collins, Michael McClanahan,
Rich LeBlanc, Michael Feck
Alternate Sharon Friedman
Shaun P. Burke, Director of Planning and Development; Jennifer Davis, Administrative
Secretary
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1. Minutes December 13, 2017 - a
p. 5, 2d para — "and the department head comments must be addressed"
p. 7, 2d para — Ms. Friedman said... "while waiting for the state to provide guidance"
Motion: To accept as amended
(McClanahan -LeBlanc) Five in favor. Feck abstained. PASSES
2. January 17, 2018 letter from Attorney Kimberly Saillant, Deutsch Williams
Mr. Burke explained the applicant and the town will file a joint motion to defend the special
permit, and the Planning Board does not have to take any action at this time.
3. Public Hearing notices - Attleboro, Easton, North Attleboro, Plainville
4. The Beacon
None
Zoning:
Restaurants in the Planned Business District
Mr. Burke said the restaurant industry is changing quickly, and traditional fast food restaurants
have begun calling themselves "quick serve." "Fast Casual' is a type of restaurant in between
"quick serve" and "casual dining," which may work in the business park. He said his concern
would be that restaurants in the business park would not be successful because there is no
evening population. He said another option would be to simply change the Table of Uses to
allow "restaurant" in the PBD.
Mr. French said more and more restaurants, like Panera, want to have drive-through pickup
windows but not necessarily an outdoor order board. Ms. Friedman asked how that would be
different from fast food; Mr. French said fast food serves pre -prepared food. Mr. Feck said he
thinks places like Cosi or Qdoba are fast food. Ms. Friedman asked why another definition
would be necessary. Mr. Burke said it may not be and noted traditional fast food is currently
allowed in the Industrial 1 zone.
Ms. Friedman asked how the restaurant at the Holiday Inn was allowed; Mr. Burke said that
restaurant was there prior to the current zoning and is an accessory use to the primary hotel use.
Planning Board 1/31/18
[Ms. Ashman -Collins arrived at 7:30]
Mr. LeBlanc asked how the idea of allowing restaurants in the business park came about; Mr.
French said there are a lot of people working in the business park during the day with no dining
options. Ms. Ashman -Collins said there are several existing restaurant options close to the
business park and said there is a concern about losing industrial land to retail uses.
Ms. Ashman -Collins asked if a restaurant would be allowed in the Stop & Shop plaza; Mr. Burke
said that is in the PBD, so would not be allowed.
Signage in Reservoir District and Business 1 and 2 Zones
Mr. Burke explained the proposal to allow marquee signs in anticipation of uses like MMAS or
arts facilities that may go into a downtown Cultural District. He explained the intent is not to
allow this type of sign to be animated, scrolling or flashing.
The board discussed some existing business signs that are animated, scrolling or flashing.
Motion: To send the Building Inspector a letter asking him to investigate and make a
determination as to whether the flashing signs are allowed under the Zoning By -Law; and there
are a veritable plethora of illegal temporary signs around town that should be enforced
(McClanahan -Cleary) All in favor. PASSES
Mr. McClanahan asked whether the Cultural District will be going forward; Ms. Ashman -Collins
said the Cultural Council is pursuing an application for Cultural District designation. The district
would have to be a walkable area, so it would probably be downtown. Mr. McClanahan asked if
it would be a problem for the district that MMAS is moving to South Main Street; Ms. Ashman -
Collins said she doesn't think it would be.
Mr. Feck asked if this by-law would allow any business in the zone to have a marquee sign. The
board discussed changing the by-law from "from the fagade of the building..." to "...from the
fagade of a performing arts facility, gallery or museum. Events must be held on the premises."
Mr. LeBlanc said he likes the idea of allowing marquee signs in the RD, but is concerned about it
in the downtown zones.
Mr. Cleary suggested stopping paragraph f. at the end of the first line
Ms. Friedman asked how this would affect other businesses, like restaurants, that have
entertainment. Mr. Feck said he thinks restaurants can survive without marquee signs.
Mr. Burke said he would work on a better description of what kind of building the marquee sign
would go on, and the board should think about whether it wants to allow marquee signs
downtown. Ms. Ashman -Collins said the iconic marquee sign is a downtown attraction.
Mr. Cleary asked if the marquee sign should be allowed to overhang the "public way." Mr.
Burke said that should be the "public sidewalk."
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Ms. Friedman said A -frame signs are allowed downtown and asked if there should be language
requiring businesses to take the signs in during inclement weather; Mr. French noted that is part
of the existing A -frame sign by-law.
Recreational Marijuana
The draft has removed setbacks other than to schools, proposes to allow the use in the Reservoir
District and added a Table of Uses with the uses defined by the Cannabis Commission. Mr.
Burke explained the Zoning By -Law currently includes setbacks on adult entertainment and
medical marijuana, so those were the setbacks he used in the original draft. However, he
explained the Cannabis Commission has said cities and towns cannot impose unreasonable
setbacks on recreational marijuana uses. Mr. Feck said he thinks they are trying to establish the
setbacks cannot be more restrictive than for any other retail use.
Ms. Friedman suggested the same setback for day care centers as for schools. Mr. French said
the preliminary guidelines say the setback can be 500 feet from an existing school use and asked
if the town could increase that; Mr. Burke said he doesn't think it would survive the state's test.
Mr. LeBlanc said he understands the use cannot be zoned out, but said he was concerned with
typical zoning practices like setbacks.
Mr. French asked if the town has to adopt all the uses in the state's definition; Mr. Burke said he
doesn't think it does. Ms. Friedman said towns may limit the number of recreational marijuana
facilities to 20% of its package stores.
Mr. LeBlanc said if there is no by-law in place, a recreational marijuana facility could locate
anywhere in town. Mr. French said the facility would also have to enter into a host community
agreement with the Board of Selectmen.
Ms. Ashman -Collins said she thinks the indoor cultivation use would be appropriate in the
industrial zones or the business park.
Mr. Cleary suggested defining the uses in the Table of Uses.
Mr. Feck said the Reservoir District may be the best place for retail, if it were to be allowed. He
asked if the town could adopt the other types of uses but not retail; Mr. Burke said he thinks the
town would have to allow some type of retail.
Mr. Burke explained that like adult entertainment, the use has to be allowed in town, even
though some people may find it offensive.
Mr. LeBlanc asked where package stores can go; Mr. Burke said they can go anywhere retail is
allowed. They are also licensed through the Board of Selectmen. Mr. LeBlanc said he doesn't
think recreational marijuana is much different than alcohol; Mr. Burke said he thinks that is how
the Cannabis Commission is viewing the use.
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Mr. Feck said he thinks the Reservoir District may be where the use would have the least impact;
he said he would rather not see it in B 1 and B2. Mr. French said people may be concerned about
allowing the use in the Reservoir District because it includes the Xfinity Center. Ms. Ashman -
Collins said the Xfinity Center is right on the town line, so Norton may decide to allow retail on
their side.
Ms. Ashman -Collins suggested the manufacturing uses would be appropriately located in the
industrial zones.
The board discussed where the uses may be appropriately allowed:
Microbusiness — S in all Industrial zones
Manufacturing, Independent Testing Labs — S in all Industrial zones and PBD; N TOD
P Party Transfer — N
Existing Licensed Transporter — S in all Industrial zones and PBD; N in RD
Research — S in all Industrial zones and PBD; N in RD and TOD
Mr. Feck said if the moratorium cannot be extended, a recreational marijuana by-law has to be
passed at Town Meeting to avoid opening the town up to unregulated locations.
Ms. Ashman -Collins said she doesn't think a marijuana manufacturing facility is very different
from any other manufacturing facility. Mr. Cleary said the Board of Selectmen would still have
to negotiate a host community agreement. Ms. Ashman -Collins said she wouldn't want to
exclude any manufacturing use; Mr. Burke said the process would have to be transparent.
Social Consumption — Consensus was not to allow. However, Ms. Friedman said people have to
be responsible for their own behavior; Mr. French said the concern is about enforcement.
Retail — Mr. French asked if the state wants to treat the use like package stores, should it be
allowed anywhere retail is allowed? Mr. Cleary suggested RD and Industrial 1. Mr. LeBlanc
said he agrees with Il, but not RD. Mr. Feck said he thinks a by-law allowing the use downtown
would fail at Town Meeting. Mr. McClanahan suggested everyone think about each zone in
town and where the use might be appropriately located. Ms. Ashman -Collins said she would ask
the IDC and Downtown Business Association their opinions.
Mr. LeBlanc suggested an overlay district along the Route 140 corridor between Routes 95 and
495. Mr. Burke said the legislation does not prohibit an overlay district and said he would check
with the Attorney General's Office.
Industrial 3 Uses — higher density, multi -residence, downtown -type uses, offices,
live/work, farmers markets
Mr. French suggested everyone look at these uses.
Downtown Parking
Mr. French said there have been requests from downtown businesses, especially restaurants, to
not have to provide parking. Mr. Burke said he has met with several restauranteurs looking at
newly built buildings without adequate parking for a restaurant use; he said he thinks that is more
4 Planning Board 1/31/18
an issue with developers of new buildings maxing out the space with residential and retail than
with the town's zoning. Mr. Burke said providing parking is one of the most important things
for a restaurant use.
Ms. Ashman -Collins asked what some of the existing downtown restaurants do about parking;
Mr. Burke said some have on-site parking, some use shared parking.
Mr. Feck said he thinks developers plan for retail uses, which has the least restrictive parking
requirement. He suggested considering increasing the retail parking requirement so developers
will have to plan for more parking spaces. Mr. French said he wouldn't want to make it more
difficult to attract retail uses to downtown. Mr. Feck said he thinks business space in newer
buildings is harder to rent because owners do not want to take the risk of their customers not
being able to park.
Ms. Ashman -Collins asked if there is a way to provide some flexibility for small restaurants to
locate downtown. Mr. Burke said the existing downtown parking requirement is for one parking
space per eight seats, and valet and shared parking are allowed.
Mr. Feck asked about allowing businesses to count offsite spaces within a certain distance; Mr.
Burke said that could work, but could become a problem if too many businesses use the same
spaces.
Ms. Friedman said she thinks there is plenty of parking downtown. Ms. Ashman -Collins said the
town is working on improving signage for downtown parking.
Mr. French suggested changing the by-law to "restaurant uses" rather than "all non-residential
uses." Mr. Burke said he used "non-residential uses" in anticipation of tenant turnover. Ms.
Ashman -Collins said the IDC has discussed the importance of restaurants downtown. She said
restaurant uses are compatible with the train station for shared parking.
Street Acceptance:
Willow Street Reconfiguration
Forest Heights Drive
Other:
Funding for New Comprehensive Master Plan $100,000?
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Mr. Burke said he attended a meeting with DOT about the railroad crossing and beginning the
process for getting access to the I3 land. They hope to have designs in the next several months.
Mr. McClanahan said the crossing belongs to the MBTA and the land is town -owned.
Mr. Burke said the Northeastern University students will be working on a project on the Route
140 corridor from Foxboro to Norton this spring.
Planning Board 1/31/18
Mr. Burke said the application was submitted today for "Housing Choice Designation," which is
intended to show the town is in compliance with its Housing Production Plan and which will
give the town bonus points on grant applications.
Mr. French said the APR property; six acres south of Route 106 from Winthrop Street to Central
Street, is on the market. He said the owners have asked about the possibility of extending the
TOD overlay district to this property to help with their marketing.
Mr. French said the board should think about which articles it wants to bring to Town Meeting;
he said the articles discussed tonight are all important, but would be too much for one Town
Meeting.
Motion: To adjourn at 9:45 p.m. (McClanahan- ) All in favor. PASSES
Next Planning Board Meeting: February 14, 2018 at 7:00 p.m.
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Signature of Clerk Date of Approval
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