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RECEIVED
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Planning Board Minutes .. .. '.,: t I,r
r May 23, 2007
Present: Tom French, Chair; Fred Armstrong, Clerk; Ken Torman, Jo1RtbJJ#l~~, jjt1u~: /5
Annino, Stan Feck ~.' :' ~, , t.;:'l 0
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Alternate(s): Beth ~shman Coll~, Anthony Jodice H;.\S'SACHUSETTS
Shaun P. Burke, DlI'ector of PlannIng and Development
1. Minutes May 9, 2007
Motion: To approve as submitted (DeMassi-Armstrong) Five in favor. Annino,
Torman, French abstained. PASSES
2. ZBA application for Variance - III Plain Street - frontage. Mr. Burke explained
the existing house has been there since 1963. There is a second house under
construction behind the fll'St, and a large steel building to the left. The applicant
would like to keep he existing house and leave a right-of-way as access. The
building permit for the new house was granted with the condition that the older
house be demolished; the applicant would now like to keep the original house. Mr.
Burke suggested a negative recommendation because this is a self-created hardship,
and noted the applicant agreed to the conditions of the building permit when he
applied for it.
Motion: To send the ZBA a negative recommendation because the application
does not meet the statutory requirements for the grant of a variance.
(Annino-Armstrong) All in favor. PASSES
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3. ZBA application for Variance - 559 Maple Street - frontage and lot width. Mr.
Burke explained there are a couple of Form A lots adjacent to the existing house.
Lot size has changed several times since this was created, requiring frontage and lot
width variances for one lot. The lot would require an easement over the existing
lot for access. Mr. Burke suggested a negative recommendation
Motion: To send the ZBA a negative recommendation because the application
does not meet the statutory requirements for the grant of a variance
(Armstrong-Torman) All in favor. PASSES
Motion: To request IIxl7 copies of ZBA plans
(Torman-Demassi) All in favor. PASSES
4. Public hearing notices - North Attleboro
Butch Fuller, WS Development, told the board he is a bit ahead of schedule at this point.
He said they should be at binder by June, and are getting ready to work on planting and
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landscaping. He said they have had no problems on site and have had good cooperation
with the town.
Mr. Fuller said he has three issues to discuss with the board.
School Street Paving Schedule
Tim Letton, Greenman-Pedersen, said DPW Director Lee Azinheira has requested they
hold off overlaying town-owned portion of School Street until Spring 2008. Mr. Letton
said he has contacted the state with the same request and have not heard back; however,
he said he thinks the state will want their portion paved this year and showed the board a
plan of the town and state portions.
Mr. Letton explained the DPW director wants to see if the deep trench will settle over the
winter. There is a sleeve crossing Route 140 that the sewer will go through. He asked
what the board thought about the mall getting certificates of occupancy without the final
top course this year. He said all their other proposed improvements would be done this.
He noted a bond has been posted with DPW.
Mr. Annino said the base course of asphalt would get heavy traffic use and he is
concerned about uneven settlement and potholes. Mr. Letton said that is DPW's main
concern as well, so they will use a dense binder course, which is intended to be used over
the winter, with 4 inches of base and 1 ~ inches of binder.
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Mr. DeMassi asked why this is an issue now and wasn't brought up earlier. Mr. Burke
said it goes to the Subdivision and DPW Regulations requiring the binder course to
winter over; however, the special permit requires the paving to be complete before
certificates of occupancy is issued. He added that DPW is requesting this change, not the
developer. Mr. Feck said a wearing course is much sturdier than the binder course. Mr.
Fuller said all the other traffic improvements, signalization, landscaping, etc. would be
done this year and the binder course would be put down in May 2008. The Willow Street
island will be installed, with new curbing and paving markings.
Mr. Jodice asked what the original plan was to alleviate settling problems. Mr. Letten
said they leave that up to the contractor; when he choses materials, they are tested. Mr.
Feck said contractors can use flowable fill or can have an inspector on site doing
compaction tests. Mr. Fuller said they have an on-site engineer and a testing agency, and
have met with DPW, Engineering and the Water Department to work out how the deep
trench would be done. They submit regular reports to Mr. Sullivan.
Mr. DeMassi asked how smooth the transition would be between the two types of
pavement. Mr. Letten said there would be a difference of about two inches, so there
would be a 50-foot transition to create a smooth surface that would not be noticeable.
Mr. Fuller said they would mill the transition back to binder when they do the final top
course.
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Mr. DeMassi asked if this pavement method would be more likely to hold water and
r create a black ice condition. Mr. Fuller said it will be like the existing surface.
Mr. French suggested approving this, provided the structures are set flush for the winter
and the transition is smooth, a bond is retained and all other improvements are completed.
He said he thinks the occupancy permit can be granted without the top coat on the town-
owned portion of the road.
Motion: To approve the proposal to not do the top coat of pavement until May 2008
provided the structures are set flush for the winter; the transition is smooth; a separate
bond for is retained for this work; and all other improvements are completed. The board
feels an occupancy permit can be granted for the site without the top coat on the town-
owned portion of the road. (Annino-Armstrong)
Mr. Fuller said they intend to have all the off-site work, except the top coat, completed
prior to any store opening. The on-site work will be 100% complete when the stores
open. Mr. Fuller said all the buildings will be substantially completed by October. Mr.
DeMassi said he is concerned that all the on-site work will be done, but the pavement
will not be. Mr. Burke said he doesn't think this top coat issue will impact traffic. Mr.
Fuller note~ there will be some disruption next spring when the top coat is done.
All in favor. PASSES
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Route 140 Access
Mr. Fuller said the second issue is the right-in access from Route 140 and deliveries. He
said the intent was for the trucks to enter the site from Route 140 and exit onto School
Street. He said with MassHighway's decision not to allow the Route 140 access, he will
be coming back with a new delivery plan for the board to review.
Signage
Mr. Fuller said the third issue is signage. He showed the board the ''way finding" signs
identifying tenants. They will be internally lit and there will be one near the entrance and
one where the entrance drive splits.
Mr. DeMassi asked the distance between School Street and the first sign. Mr. Letten said
it is 300-400 feet. Mr. DeMassi asked if there would be enough time for a driver to read
the sign and make a decision. Mr. Fuller said he would like to have some flexibility with
the location of the signs. Ms. Paulino noted the contrasting colors on the sign would
make reading it easier.
Mr. Annino asked to remove the shingled roof at the top of the way finding signs. Mr.
Fuller said he would do that.
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Mr. Burke said considering the size of the site and number of businesses within the site,
the proposed signage is significantly lower than what would be allowed by the Zoning
By-Law. Mr. Jodice asked about signage that might be installed at developments across
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the street; Mr. Burke said the scale of any development across School Street would be
r much smaller, so he doesn't think it will compete with this.
Mr. DeMassi asked how much leeway Mr. Fuller is looking for. Mr. Fuller said he would
like to be able to move the signs 15-20 feet. Mr. DeMassi asked if that would interfere
with the sidewalk. Mr. Fuller said it would not.
Motion: To accept the desing of the ''way finding" sign near the entrance to Mansfield
Crossing and allow the developer the flexibility to move it 25 feet, as long as the sign
stays outside the sidewalk (Feck-Annino) All in favor. PASSES
Motion: To accept the relocation of the second "way finding" sign, to other side of
intersection, due to the redesign of the Black Angus building
(Feck-Armstrong) All in favor. PASSES
Mr. Fuller said they would like to put directories at buildings F, J and D, and near the
pond, which will be intended for pedestrian use. Mr. DeMassi asked why there wouldn't
be a directory at Kohl's. Mr. Fuller said he thinks people going to Kohl's and to the
junior boxes are specifically going to those businesses.
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Mr. Annino asked if the stone of the signs would match the buildings. Mr. Fuller said it
would. He said the directories will not be illuminated and will be made of two plexiglass
panels and be about six inches wide. Mr. Annino said it might be nice to illuminate the
signs. Mr. Fuller said there will be sidewalk lighting and lighting around the pond.
Motion: To approve the four directories. If they are to be illuminated, they are to be
internally illuminated, not illuminated with exterior spotlights
(Armstrong- Torman) All in favor. PASSES
Bertucci's Elevations
Ana Paulino, WS Development; Joshua Swerling, Bohler Engineering; Lew Holt,
Bertucci's
Mr. Holt explained the new building will be 6,500 square feet, 6,800 with the coolers on
the back. The building will be Driv-it, off white, with a terra cotta roof and a brick
veneer chimney. There will be an outside dining area enclosed with wrought iron
fencing, with a stone wall that backs up to pond and a trellis system.
There will be seating for 220 people, including 16 outside seats. The dumpster area on
the back of building will be enclosed with stone veneer because will be visible from
across the pond. The coolers will be enclosed in Driv-it and a metal roof. The rooftop
units will be enclosed on the flat part of roof, and will not be visible from the street or by
pedestrians.
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Mr. Holt explained the restaurant is going into a space where there had originally been
three tenants; this space will be smaller and there will be no changes to parking.
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Mr. DeMassi asked about truck access the dumpsters. Mr. Holt said they would be able
to drive in to pick up the dumpsters. Mr. Swerling said they have enough room even if
the trash truck has to back up.
Mr. DeMassi asked if the 220 seats will maintain the restaurant seating ratio for that
portion of the site. Ms. Paulino said it will.
Mr. Burke said he likes the outdoor seating and the way the dumpster and coolers have
been enclosed. He said the materials are consistent with the restaurant's theme.
Mr. Armstrong asked if there will be a gate to the gravel drive; Mr. Fuller said there will
be. He said they have been back to the Conservation Commission about LL Bean using
the pond. He said the gate can't be locked because people have to be able to access the
pond, but the gate will prevent people from driving down there.
Mr. Swerling explained the landscape plan. There will be approximately 20 trees and
shrubs, 65 perennial shrubs and 121 evergreen shrubs. There will be vertical evergreens
between the windows and low-lying shrubs below the windows.
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Dr. Torman asked about the take-out area at the back of the building. Mr. Holt explained
there is a lit walkway to that area and said they would like to have a vertical sign at the
back corner. He said they have a high-volume carryout business, so it is important the
entrance and take out area be separated. He said there are three signs on the building; at
the front entrance, at the back corner toward pond and the vertical take out sign. He said
that sign would not be above the roofline.
Dr. Torman said he doesn't see how the take-out area is going to work, especially in the
winter. He said he is also concerned about take-out window being so close to the
dumpster.
Dr. Torman asked if the fll'e department has seen this plan. Ms. Paulino said it has. Mr.
Holt said the building is not accessible on all four sides, but is completely sprinklered and
will have a hydrant. He said the originally approved building was not accessible on all
four sides. Mr. Feck said the new building would be more accessible than the originally
approved building.
Mr. Feck suggested marking some of the parking spaces at the back for take-out
customers only. Mr. Holt said they would like to do that.
Dr. Torman asked if the site will be handicapped accessible. Mr. Holt said the building is
completely accessible. Dr. Torman asked about making the take-out part of the entrance;
Mr. Holt said because of the takeout volume, it has to be separate. He said customers can
get their take-out from the front entrance, as well.
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Mr. Annino said he is concerned this building doesn't complement the rest of the mall
r and said this should be a more prominent structure. Mr. Holt said the top of the back
parapet is 22 feet. Mr. Annino said he would like to see this building in relation to the
rest of the site to understand the scale.
Mr. Annino asked if there will be outdoor waiting areas. Mr. Holt said there will be
inside and outside waiting areas. Mr. Annino said he would like to see some outside
seating.
Mr. Annino noted the back wall doesn't have any plantings. Mr. Swerling said there will
be plantings there.
Mr. Armstrong said he likes the building and said having the lower building near the
pond would draw the eye to the pond.
Mr. Feck said he likes the building and it will look good in that corner. He said a larger
building would take away from the pond view.
Mr. Burke said he likes the building, but he is concerned about the signage. Mr. Fuller
said he doesn't think any parking spaces on site will be designated for take-out use only.
He said they already have a limited number of parking spaces. Mr. Burke asked about
the vertical take-out sign. Mr. Holt said it will be on the corner of the building, and be
internally illuminated on one side.
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Mr. DeMassi asked if there are trees between each set of windows. Mr. Swerling said
there is a tree every two or three windows, and trees at the corners. Mr. Burke asked for
a revised plan showing the planting on the back of the building.
Mr. French asked where the entrance is for the outdoor seating. Mr. Holt explained the
hostess would seat people in that area, so there will be no entrance directly onto that
patio. However, there will be an emergency exit from the patio.
The board asked the applicant to submit a revised plan showing additional landscaping,
signage, clarification on 15-minute parking spaces and an outside waiting area
Mr. French asked for a rendering showing this building and those around it.
Mr. DeMassi asked about the transformer at the side of the building. Mr. Fuller said they
would tie the landscaping in with the surrounding areas. Mr. DeMassi said he would like
to hide the transformer; Mr. Fuller said he would speak with Mansfield Electric. Mr.
DeMassi suggested lining the driveway with shrubs. Mr. Fuller said the electric
department has clearance requirements; there will be bollards around the equipment.
The applicant will return with revised plans showing the information the board has
requested.
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Motion: To reappoint Mr. French chairman (Torman-Feck) All in favor. PASSES
Motion: To reappoint Mr. Armstrong clerk (Feck-Torman) All in favor. PASSES
Mr. French said the Master Plan was funded at Annual Town Meeting. It was last
updated in 1996 for $25,000; Town Meeting approved $65,000 for this update. In 1996,
the entire Planning Board was on the committee, along with representatives from other
boards and committees and citizens at large. Mr. French asked the board to think about
how it would like to do this update.
Mr. Jodice suggested assigning a few members to the Master Plan committee. Mr. Feck
said he thought it was important for the whole board to be involved. Mr. Burke noted the
statute says ''the Planning Board shall make a plan" and said it is important for all the
members to be on the committee. He said the Planning Board has the final vote on the
plan, not town meeting.
Mr. Burke said he would get a draft of the Master Plan RFP to the board soon and asked
for comment. Mr. French asked the board to think about the committee's structure.
r Mr. DeMassi said it would be important for the same consultant's representative to attend
all the meetings.
Mr. French said the purpose of the Master Plan is to build consensus in order to create
zoning amendments to help guide growth. Mr. Burke added that the Commonwealth now
requires an updated Master Plan with an Action Plan for many grant applications.
Mr. Jodice asked about bonus or credit for green building techniques, similar to the
Toyota building that was presented at the last meeting. The board was supportive of
investigating that issue. Mr. DeMassi suggested that could be part of the Master Plan.
Mr. Jodice said he was disappointed the building inspector was not supportive of the site
plan amendment at Town Meeting. Mr. Burke said Mr. Riccio had told the board he was
not supportive of the amendment, but also said he wouldn't oppose it at Town Meeting,
which he did not. Mr. Burke said the site plan article was a very political issue.
Motion: To adjourn at 10:00 p.m. (Torman-DeMassi) All in favor. PASSES
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Next meeting: Wednesday, June 6, 2007 at 7:30 p.m. .
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Signature of Clerk Date of Approval
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