HomeMy WebLinkAboutPlanning 02/28/2018Planning Board Minutes
February 28, 2018
Present: Tom French, Chair; Don Cleary, Clerk; Beth Ashman -Collins, Rich LeBlanc, Ralph
Penney, Mike Feck
Alternate Joe Cerretani
Shaun P. Burke, Director of Planning and Development; Jennifer Davis, Administrative
Secretary
° m s ' W c. e• a ' t a' 8 i e n
1. Minutes February 14, 2018
p. 3, third paragraph - Chief Sellon said he does not believe the 3% tax on the use will fret
cover the impact
Motion: To approve as amended
(Ashman-Collins-Cerretani) Feck, Penney, Cerretani abstained. PASSES
2. Public Hearing notices — Easton, North Attleboro, Plainville, Sharon
3. The Beacon
4. February 21, 2018 memo from Robert Blackman, Inspector of Buildings/Zoning Enforcement
Officer re: temporary signs. Ms. Ashman -Collins asked what recourse the town has if the
signs are not removed. Mr. Burke explained the next step would be a cease and desist order,
followed by court.
5. January 31, 2018 letter from MassDOT re: $200,000 Complete Streets grant for Park Street
sidewalk improvements. Mr. French asked if having a current Master Plan put the town in a
better position to get this grant; Mr. Burke said it did. Mr. French said he will be attending
the Finance Committee meeting tomorrow to discuss zoning articles and he hopes to get that
committee's support for funding a Master Plan update.
Mr. Penney said he has spoken with Mr. Azinheira, who indicated the town is looking at
the intersection of Chauncy Street/Route 140. Mr. Burke said MassDOT will be upgrading
that intersection; BETA will be looking at Route 140 to Copeland Drive. The
Chauncy/Copeland intersection is state-owned; Mr. Burke said Mr. Azinheira hopes to get the
state to pay for the work along the whole corridor as one project.
None
[Mr. LeBlanc left the meeting at this time]
Attorney Mark Bobrowski introduced Anthony Donato, Boller Engineering and Matt Taylor,
Primrose Schools
Attorney Bobrowski explained child care centers licensed by the state enjoy the same
exemptions as a church or school.
Planning Board 2/28/18
Mr. Donato explained the plans for 201 Copeland Drive, an undeveloped 1.86 acre site that
slopes southeast toward an existing drainage swale on Copeland Drive. The proposal is for a
12,800 square foot building with an enclosed permeable play area behind the building and
parking for 50 vehicles. The building will have a roof water recharge system and surface
detention pond on the southeast corner of the site. There will be screening around the detention
pond and a white vinyl picket fence on the eastern side. Access to the site will be with two curb
cuts off Copeland Drive; traffic circulation will be staggered drop off, with parents parking along
the front and employee parking at the southeast corner of the site. The site will have sewer and
water, with an existing sewer main on the south end of the site. There is no existing water main
on Copeland Drive, so they will pull the water connection from Central Street, behind the hotel
and along the Copeland Drive right-of-way; they will provide a stub for future access.
Mr. Donato said the site's landscaping will be a combination of shade and ornamental. The
existing culvert at the front of site will be cleaned and the swales reshaped. The Conservation
Agent has agreed there is a non jurisdictional wetland area; the Conservation Commission has
met once and continued the meeting to March 19, 2018.
Mr. Donato presented a rendering of the proposed building.
Mr. French asked if this conforms to zoning requirements; Mr. Donato said it does. He said they
talked with the department heads about pushing the front buffer back. The front buffer will be
approximately 30 feet. Attorney Bobrowski said the state statute allows reasonable dimensional
regulation on this type of use. Mr. Burke said he had asked them to move everything as far as
possible from the residential abutters. Ms. Ashman -Collins asked the setback to residential
abutters; Mr. Donato said they have a 65 -foot rear setback.
Mr. French asked how many classrooms and students the center will have; Mr. Taylor said they
will have 184 students in 14 classrooms, with 22 staff members. The children will be ages 6
months -12 years, including an after school program. Attorney Bobrowski said Primrose has four
other centers in Massachusetts and noted they are not an educational facility, but rather a child
care center. He said state standards regulate the use; Mr. Taylor said they operate above the state
standard for teacher -child ratio.
Department Head Comments
The clerk read memos from Engineering and Conservation and Mr. Donato's response.
Mr. Donato explained they will fence the drainage area with a white vinyl fence and the
playgrounds will be separately fenced. Attorney Bobrowski explained the children's areas are
separated by age.
Mr. Penney asked about infiltrating under the parking area; Mr. Donato said the site is
undeveloped with a high water table; there will be some subsurface infiltration. Mr. Penney said
he thinks the site had been used as a leaching field for the former Foxboro Furniture building;
Mr. Donato said they found some evidence of a leaching field on the site. Mr. Taylor said they
did some testing and the soils are not great and said they would rather do subsurface infiltration
if it were possible.
2 Planning Board 2/28/18
Ms. Ashman -Collins asked about the retaining wall; Mr. Donato said they are proposing a block
retaining wall, less than four feet high. Ms. Ashman -Collins said it appears the playground will
be higher than the residential abutters' behind. Mr. Donato said they want to prevent any runoff
from entering onto the abutting properties. Mr. Cleary asked about maintenance; Mr. Donato
said there is an Operations and Maintenance plan in the drainage report. Mr. Burke asked about
lining the swale with stone; Mr. Donato said there would be very little runoff in that area and it
will be vegetated.
Mr. Donato explained the proposed monument sign.
The clerk read comments from the Police, Fire and Water Departments and Mr. Donato's
response. Mr. Donato said he spoke with Officer Kinahan today about the traffic plan. Mr.
Penney asked when peak traffic would be; Attorney Bobrowski said the center opens at 6:30
a.m., with morning peaks around 6:30-9:30 and evening peaks around 3:30-6:30. Mr. Donato
said work on the MassHighway proposing roundabout at Copeland/Route 140 and is supposed to
start next year.
Mr. Taylor explained parents will be required to park and bring their child into their classrooms.
Mr. Donato said he met with MassHighway about lighting, which will not add lighting to the
existing poles on Copeland Drive. He said he would follow up with Officer Kinahan about other
options to light their driveway area from Copeland Drive.
Mr. French asked about directional signage; Mr. Donato said they are planning a monument sign
and lighting inside their site.
Board Comment
Mr. Cerretani asked if the building shown on the plan in Foxboro is the existing building; Mr.
Donato said it is the new hotel.
Mr. Cerretani asked about lighting at the back of the building; Mr. Taylor said there will be soffit
lighting, which will be on only during business hours. He said there would be no light spillover
to abutting properties.
Mr. Cleary asked about the dumpster location and suggested it be closer to the hotel rather than
the residences by switching the locations of the dumpster and the transformer. Mr. Donato said
it would be difficult to access the dumpster in that location. He noted the dumpster will have
screening around it.
Mr. Penney asked about lighting. Mr. Donato showed the board a rendering of the building. Mr.
Taylor said the lighting will be recessed and pointed downward. Mr. Penney asked if the lights
would be dimmed at night; Mr. Taylor said they try not to light the building more than an hour
after they close.
Mr. Penney asked about security measures. Mr. Taylor said the main entrance is the only public
access to the building and a key code is required to get into the vestibule. He said the building
Planning Board 2/28/18
has panic buttons throughout, exterior cameras in the parking lot, front entrance and inside the
building. The front office is always staffed. Mr. Taylor said they have not had any security
problems at their other locations.
Mr. Burke said the revisions staff requested have been made.
Public Comments
David Soares, 195 Copeland Drive, said he is concerned about losing his seclusion. Mr. French
explained there are certain requirements and rights the state gives to the applicant, but the board
is willing to do what it can to assist the abutters. Mr. Penney said he thinks the applicant would
be willing to work with abutters as well. Mr. Soares said he is concerned about his comments
not being heard. Mr. French said the property owners have the right to use their property in
accordance with the law, but the board tries to work with them to help the abutters.
Mr. Soares said he is concerned about where the water will go; he said it has been a very wet
winter and his sump pump has been running for weeks. He said this lot is wet and said there will
likely be water in the basement of this building. Ms. Ashman -Collins said the applicant is not
supposed to put water on abutting properties; Mr. Donato said they will not. He said the
retention basin should catch a lot of the existing water. Mr. Soares said his house is higher than
the surrounding properties but he gets more water in his basement than his neighbors. Mr.
French said the applicant has designed a system compatible with the direction of groundwater
flow, which the town engineer has reviewed and advised the board it has been designed
correctly. He noted department heads have reviewed the plans and the applicant has addressed
the comments. Mr. Soares said he is concerned the water problem will get worse; Mr. French
said he understands the existing problem, but the town engineer has reviewed the plans and told
the board the design will work.
Mr. Soares asked if the retention area will have water in it most of the time; Mr. Donato said the
basin is for detention, not retention, so it should empty within 24 hours and should not have
standing water. Mr. Soares asked where the water would go; Mr. Donato said it would go into a
swale connected to a pipe along Copeland Drive. Mr. Penney said this system would help to
more slowly release the water during a storm. Mr. Donato said the building will be slab on
grade. Mr. Penney asked if the applicant would be willing to share their drainage report with Mr.
Soares; Mr. Donato said he would. Mr. Donato said post -construction, the drainage system
should help improve the water situation. Mr. Soares asked if the water would impact Mansfield
Health Center; Mr. Penney said there should not be any additional water to that site and he thinks
this system will be an improvement. Mr. Burke said the state requires the amount and rate of
stormwater be balanced pre- and post -construction; he said one side of this site has better soils
than the other, so one part will have infiltration and in the other, water will be held. He said the
water will run through a swale parallel to Copeland Drive toward Chauncy Street and be picked
up by the town's system. Mr. Burke said abutters to a recent subdivision on Ehn Street were
concerned about water, but post -development, the amount and rate of water changed and the
abutters' existing water problems improved. Mr. Donato said Mr. Alves had been concerned
about the existing pipes and swales; he said they will be cleaning those out and planting a
conservation mix. Mr. Penney said the basin has been designed to accommodate a seven-inch in
24 hour rainstorm.
Planning Board 2/28/18
Mr. Cleary said the driveways along Copeland Drive probably all have pipes underneath them;
Mr. Burke said he would talk to DPW about checking those pipes to make sure they are not
blocked. Mr. Donato said they are providing rip rap protection over filter fabric at the outlet.
Mr. French asked if they have a MassHighway permit; Mr. Donato said they have met with
MassHighway and will be applying for a permit.
Mr. Cerretani asked about drainage at Forbes Crossing; Mr. Donato said that development has its
own system, but he is not sure where that drainage goes.
Mr. French asked about MEPA; Mr. Donato said they do not have to file.
Karl Clemmey said the drainage from this area goes to the Rumford River on Route 140. He
said this development would be a great advantage to the town.
Ms. Ashman -Collins asked if this is a tax exempt property; Attorney Bobrowski said it is not a
non-profit.
Mr. Cleary asked about trees between the new building and the residential abutters. Mr. Donato
said they could plant a row of arbor vitae along the property line. Mr. Taylor said they are
willing to work with the abutters. Mr. Donato said they have a landscape architect in-house. Mr.
Taylor said he would be happy to talk to abutters if there is something they can do during
construction.
Mr. Soares said the newly renovated plaza in Foxboro has heavy traffic, especially with
Starbucks; he said the hotel isn't open yet. He said the additional traffic with this site and the
state's new plan for the roundabout is going to increase traffic on Copeland Drive. Mr. French
said this business will not be open nights and weekends. Attorney Bobrowski said there will be
approximately 50 additional cars in any morning or afternoon hours. Mr. Taylor said they try to
site their buildings on existing travel corridors. Mr. Soares said he is concerned about the value
of his home; he said this development will impact his home. Mr. Soares said he was concerned
the abutters were not notified of the meeting; Mr. French explained abutters are not notified of
site plan the way they are of special permits.
Mr. Burke said he thinks the plan has been revised in accordance with staff comments, would be
a good use in this location and warrants approval. He suggested the street lighting issue should
be a condition of approval.
Mr. Donato said Officer Kinahan had suggested adding lights to the two existing poles on
Copeland Drive. He suggested the existing poles could have double -headed lights added; Mr.
Burke asked if the existing poles are tall enough. Mr. Donato said the poles are 20 feet high; Mr.
Burke said that could accommodate a double -headed light. Mr. Donato said they could look at
shifting the poles to provide additional illumination along Copeland Drive. Mr. Penney asked if
they would be lit all night; Mr. Taylor said they typically turn off their lights an hour after close.
He said they can look at changing the lighting plan to better illuminate their driveway.
Planning Board 2/28/18
Motion: On February 28, 2018, the Mansfield Planning Board, with six (6) members present,
voted unanimously to approve the site plan application for the construction of a child care center
at 201 Copeland Drive as shown on the plan titled "Site Development Plans for Primrose
Schools Location of Site Map #17, Lot #36 201 Copeland Drive Town of Mansfield Bristol
County, MA," dated January 12, 2018 and revised February 7, 2018 and February 22, 2018,
prepared by Bohler Engineering with the following conditions:
1. Any and all remaining department head comments (attached) must be completely
addressed prior to the issuance of a building permit[s];
2. The applicant should meet with the abutting property owner to agree on landscaping
and buffering. The landscaping and buffering plan should be sent to the Planning
Department. Prior to occupancy, the earthen berm, fencing and landscaping should be
in place;
3. Prior to occupancy, a plan should be formalized to illuminate the Copeland Drive
entrances to the site be resolved with MassDOT and the Mansfield Municipal Electric
Department;
4. Hours of operation for demolition, construction deliveries, site work and construction
shall be limited to 7:00 a.m. to 4:00 p.m. Monday through Friday and 8:00 a.m. to 4:00 p.m.
on Saturday. No work shall be done on Sunday. These restricted hours of operation shall not
apply to interior work. All loaded vehicles shall be suitably covered to prevent dust and
contents leaving the vehicle and to protect abutters and other residents, and the public way
from material spilled from the load. All public rights-of-way shall be maintained free of all
mud, stones or any other conditions that may result in a public safety hazard for vehicles or
pedestrians. Sweeping or cleaning must be completed daily or more frequently as deemed
necessary during the operation, as directed by the Mansfield Police Chief. The applicant may
be required to have a police officer present during any hauling on or off site. The applicant
shall consult with the Mansfield Police Chief as to whether or not this may be necessary and
to discuss the best hauling routes. Erosion control measures should be installed around catch
basins within the public right-of-way.
(Feck-Cerretani) All in favor. PASSES
[Mr. LeBlanc returned at this time]
Mr. Clemmey provided the board with copies of citizens' petitions he filed today.
Mr. Penney said he met with Tom Verrochi, who is supportive of the idea of rotary, and said Mr.
Alves, Mr. Azinheira and Rep. Barrows have also been working on the issue.
Recreational Marijuana
Mr. Burke said he spoke with Attorney Lou Ross from Town Counsel's office late today, who
said local adoption of specific recreational marijuana uses, rather than adopting all of the uses
proposed by the Cannabis Commission, would be a two-step process. The town has to take two
6 Planning Board 2/28/18
votes; first, Town Meeting would votes on the specific use, then the question would be brought
to a local election. Mr. Burke said Mr. Ross explained the statute does not require a particular
order of the votes. Mr. Burke said there is going to be a citizens' petition filed to amend both the
General By -Law and the Zoning By -Law to ban recreational marijuana; he said that would have
to be voted at a state election.
Mr. French asked if retail uses would be able to come in if the town voted to allow cultivation
and not retail. Mr. Burke said as far as he understands his conversation with counsel today, if
cultivation passed at town meeting and at the ballot, retail would not be an allowed use.
Mr. Feck asked if any use could come in if the question passed at town meeting but failed at the
ballot; Mr. Burke said he thinks they could. Mr. Feck said he thinks it would be better to go to
town meeting first.
Mr. French said because the town approved recreational marijuana use, a ban would require both
a town meeting and a ballot vote.
Mr. Feck asked what would happen if the General By -Law ban passed but the Zoning By -Law
ban failed; Mr. Burke said it could still go to the ballot.
Mr. Burke said town counsel has some changes to make to the draft retail by-law. Mr. French
said the board has to decide tonight whether to go forward with retail or cultivation or both. Mr.
Feck said he thinks it is important to go forward with retail in order to have some regulations and
to put it in an appropriate zone, in case the cultivation by-law were to fail. Mr. Cerretani said
cultivation could bring more revenue to the town than retail. Mr. French said at the last meeting,
the board discussed the possibility that allowing cultivation in the business park could negatively
impact existing businesses and future investment in the park. Mr. Cerretani said abutters in the
business park were opposed to the medical marijuana use. Mr. French said the board discussed
allowing cultivation on School Street.
Mr. Cleary said he thinks both of the drafts are a good start and the board should submit both
articles for now. Mr. Feck said he agrees because of the possibility of one article failing. Ms.
Ashman -Collins said one article could be withdrawn and suggested putting the cultivation article
first on the warrant, and withdrawing retail if that passes.
Mr. Burke said he reduced the setbacks in the retail draft from 1,000 to 500 feet.
Mr. Penney said the medical marijuana host agreement said that facility could not change to
retail, but the state has since decided that is not something that can be regulated. Mr. Burke said
when a medical marijuana facility got their license has a bearing on whether or not they can
change to retail. Mr. LeBlanc said medical and recreational marijuana are two completely
different uses.
Mr. LeBlanc asked if the Stop & Shop plaza should be included in the retail map; he said while it
is in the PBD, it is somewhat secluded. Mr. Penney noted that is the only place in the business
park with retail. Ms. Ashman -Collins said the Police Chief did not want retail marijuana in the
7 Planning Board 2/28/18
Stop & Shop plaza. Mr. Burke noted there is a day care a few hundred feet from Mansfield
Crossing, so retail in that plaza would not meet the setback requirement.
Motion: To submit both the cultivation and retail marijuana articles for 2018 Annual Town
Meeting (Cleary-Feck)
The board discussed grouping all the recreational marijuana articles together on the warrant, and
placing those articles right after the budget articles. Scott Feely, Finance Committee, suggested
talking to town counsel about the article order.
All in favor. PASSES
Signage in Reservoir District
Motion: To submit the Signage in the RD article for 2018 Annual Town Meeting
(Ashman -Collins -Cleary) All in favor. PASSES
Parking in Bl and B2
To change downtown parking requirement from one per four seats for restaurant or one per 200
square feet for other retail to one parking space per 500 square feet.
Mr. Feck said he is concerned about how this will impact existing downtown businesses; he said
it could cause developers to avoid commercial development downtown in favor of residential.
Ms. Ashman -Collins said she thinks the parking requirement should be the same for retail and
restaurants, but she is open to discussing what the requirement should be.
Motion: To submit the parking in B 1 and B2 article for 2018 Annual Town Meeting
(Ashman -Collins -Cleary) All in favor. PASSES
Master Plan Update Funding
Motion: To submit the article for the Master Plan Update funding for 2018 Annual Town
Meeting (LeBlanc-Cerretani) All in favor. PASSES
Mr. Feely said he is happy to see the board discussing downtown parking.
Mr. Cleary said 1 Mansfield Avenue has what appears to be a residents' gym on the first floor,
which is supposed to be commercial, and asked if that is allowed. Mr. Burke said if it is open to
the public, it is a commercial use and would be allowed, but if it is only for the residents, it may
not be.
Mr. Burke said the town submitted a DLTA application to have SRPEDD work with the town on
policies and framework on TOD.
Motion: To adjourn at 10:00 p.m. (Cleary-) All in favor. PASSES
Planning Board 2/28/18
Next Plannipg Board Meeting: March 14, 2018 at 7:00 p.m.
of Clerk to of Ap oval
Planning Board 2/28/18