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HomeMy WebLinkAboutPlanning 04/25/2018Planning Board Minutes April 25, 2018 Present: Tom French, Chair; Don Cleary, Clerk; Michael McClanahan, Ralph Penney, Mike Feck, Rich LeBlanc; Alternates Joe Cerretani and Sharon Friedman Shaun P. Burke, Director of Planning and Development; Jennifer Davis, Administrative Secretary 1. Minutes April 11, 2018 Motion: To approve as submitted (Friedman -LeBlanc) Six in favor. One abstention. PASSES 2. Public Hearing notices — Attleboro, Easton, Plainville [Mr. LeBlanc arrived at 7:10] [Mr. Cerretani arrived at 7:121 Forest Heights Drive — Mr. Burke explained the plan proposes to change lot lines for Lots 4 and 5. The plan would transfer Parcel A, 3,087 square feet, to Lot 4 and to transfer Parcel B, 2,437 square feet, to Lot 5. Lot 4 will have 80,594 square feet of area; Lot 5 will have 46,765 square feet of area; each lot will conform to area and frontage requirements (80 feet of frontage was required in the cluster subdivision approval). Mr. Burke explained there was an issue with the perc test and location of the septic system, so the house and driveway had to be relocated. Mr. Burke suggested the plan warrants endorsement. Motion: To endorse the Form A plan (McClanahan -Penney) All in favor. PASSES Mr. Cleary said the TIF Committee is meeting next Monday, April 30,to discuss the Rolf C Hagen TIF issue. Mr. Burke said he called the Branch Street wireless consultant today, but has not heard back from him. He said the ZBA is scheduled to meet on May 1 on the Branch Street tower. Mr. McClanahan said he would like to see a narrative from the consultant prior to the Planning Board's May 23 public hearing. Mr. French asked about Master Plan funding. Mr. Burke said he has been told that will be on the warrant for the Special Town Meeting in the fall. He said by then, the town should have a better idea about free cash. Mr. French asked if the board would be expected to withdraw the article from the Annual Town Meeting warrant; Mr. Burke said he believes it will be, but that will be discussed at the pre -Town Meeting meeting. The clerk read the public hearing notice. Mr. French explained how the conducted. Planning Board 4/25/18 Petitioner Allen Bryer explained the town passed the recreational marijuana at the ballot and noted this article has nothing to do with medical marijuana. He said this is about the voters taking ownership of the recreational use because it will have an impact on the community. Mr. French asked how this article differs from the Board of Selectmen's articles. Mr. Bryer said he will be asking Town Meeting to put this forward to a ballot vote. Mr. French asked if the Board of Selectmen's article, which is on the warrant before this one, passes, would Mr. Bryer withdraw his. Mr. Bryer said the Board of Selectmen's article is to extend the moratorium. He said his article is for a ban, and would have to go to a ballot vote. He said including it on a state election ballot would have the highest turnout. Board Comment Mr. LeBlanc asked about the "temporary" issue. Mr. Bryer said his proposal is to remove the "temporary moratorium" in Section 230-3.4L and replace it with a ban. Ms. Friedman said it seems Article 35, the Board of Selectmen's article, and this one really say the same thing. Mr. Bryer said he understands there would still have to be a ballot vote. He said he was surprised to see the Board of Selectmen's Article 35 because that board had only been talking about extending the moratorium. Mr. French said he is concerned about this causing confusion at Town Meeting. Mr. Burke said the moderator has the discretion to take articles out of order and noted there will be a staff -level meeting the week before Town Meeting to discuss issues like the order of articles and which ones may be withdrawn. Mr. Bryer said he would be open to considering withdrawing his article, depending on what position the Board of Selectmen takes. Mr. French suggested Mr. Bryer talk with the Board of Selectmen about that in an effort to mitigate potential confusion. Mr. Penney said he appreciates Mr. Byer's efforts. He said when an article is passed at Town Meeting, it is out of the Board of Selectmen's hands and it has to go to a ballot. Mr. Burke said the Board of Selectmen have to have a special election for recreational marijuana, but there is no timeframe by which that has to happen. Mr. Bryer said the wording that passes at Town Meeting would be the wording that goes to the ballot. Mr. Penney asked if the Attorney General's office would get involved in how the ballot questions should be worded if all the articles on the warrant pass. Mr. Burke said the zoning articles also have to go to the ballot. Motion: To close the public hearing (McClanahan -Penney) All in favor. PASSES Mr. French said the board could vote its recommendation tonight or at a meeting before Town Meeting. The board discussed the options of supporting one or all of the recreational marijuana articles. Mr. French said he thinks the board could support more than one article, because Town Meeting will ultimately decide which ones pass. Mr. Burke said Mansfield is on the Cannabis Commission's list of towns that are disproportionately impacted by marijuana. 2 Planning Board 4/25/18 at the building next door to their restaurant to help supplement their summer income. Mr. DeFazio distributed a sketch plan showing the building at 150 North Main Street. He said he would like to add a patio with 20 outside seats. There would also be a farmers' porch and a gate so the patio can only be accessed by people coming from the restaurant next door at 160 North Main Street. He said the patio and retail space will be open the same hours as the restaurant, Tuesday through Saturday, 5 pm -10 pm. He said he would like to add a kitchen at 150 North Main and to sell his pasta and sauce. He said there would only be retail inside with one or two employees, with no indoor seating. He said he is not planning to become a sandwich shop, but may make a small number of sandwiches to sell until they are gone. He said he thinks the outdoor seating will help attract patrons to other downtown businesses in the summer. Mr. DeFazio said he thinks there will be ample parking in the summer for the new use. He said the restaurant has a staff of 18, but they do not all work every night. He said there are usually 12 employee cars when the restaurant is open, and he plans to have them park in the public parking to the south, which would also open up parking on North Main Street. He said he would also put up a sign directing people to the public parking areas downtown. Mr. Burke said the staff -level site plan meeting on this will be next Wednesday, May 2, and part of that discussion will be about parking. Mr. DeFazio said Lou Guarino, the owner of the building, would like to have two one -bedroom apartments and an office upstairs. Mr. DeFazio said the sketch he presented shows everything that will be done on the site so the board understands the future plans for the building. Mr. French said the parking requirements downtown may change at Town Meeting. Mr. Burke said site plan does not provide any grandfathering rights. He said if the parking article passes, the required parking would go from one space per eight restaurant seats to one space per 500 square feet. Mr. Burke said he doesn't think the proposed change to the parking requirement would impact this project much. Mr. DeFazio said there are currently 60 seats in the dining room, but on a summer night, only around 10 are taken. He said the outdoor patio would not really add to the current seating count because the dining room is not full in the summertime. Mr. Penney said even with the new parking requirement, 20 seats would only require three parking spaces. Mr. DeFazio said he would like to get the patio running for the summer, which would help pay for the retail shop. Planning Board 4/25/18 Mr. French explained a Town Meeting handout including the options on Recreational Marijuana. Mr. Penney asked if the marijuana articles will require a 2/3 vote; Mr. Burke said the zoning articles will. Mr. Penney suggested posting the handout on the town's website. Mr. Burke said town counsel has not had a problem with the town limiting the number of recreational marijuana establishments to one. Ms. Friedman suggested adding the link to the state's guidelines Ms. Friedman said there isn't much of a distinction between the effects of medical and recreational marijuana and suggested striking the line. Mr. Cleary suggested simply saying they are regulated differently. Ms. Friedman suggested taking out "many cities and towns have already banned" and citing specific local towns. Mr. Penney suggested changing "many" to "some." Ms. Friedman suggested "take no action" instead of "do nothing." Mr. French said he thinks "do nothing" is a bit stronger. Mr. Penney suggested adding the requirement for a super majority, or 2/3, vote at Town Meeting. Ms. Friedman suggested adding a sentence saying if Article 35 is approved, approval at a ballot election will also be needed. Mr. McClanahan said the handout says credit cards cannot be used for recreational marijuana, but noted debit cards can be used. Mr. LeBlanc suggested making it clear that none of the articles will impact people's ability to grow or use recreational marijuana for personal use. Mr. Burke suggested the handout should contain only facts, not opinions. He said if the board gives Town Meeting the information, the voters will be able to decide what the best route is for the town. Mr. Penney asked if voters will have already made up their minds about this issue prior to Town Meeting; Mr. McClanahan said he thinks most people already know where they stand on this. Mr. Burke said he has not talked to anyone who thinks brick and mortar retail marijuana sales is a good idea. Mr. Burke said he will verify with Town Counsel whether the local option tax article will require a 2/3 vote. Mr. Cleary suggested using "restrict" the use to certain zoning district rather than "allow." Mr. LeBlanc suggested "allow in designated zoning districts." Mr. Cleary suggested adding a question explaining whether the voters should vote on all the marijuana articles. 4 Planning Board 4/25/18 Mr. LeBlanc suggested "retail sales and cultivation" rather than "other uses." Mr. Burke suggested "narrowly defined uses in relatively small areas." Mr. Burke said one of the FAQs on the Cannabis Commission website is about towns designated as areas disproportionately impacted; in those towns, applicants rise to the top in permitting recreational marijuana uses. Mansfield is one on that list of 29 towns. Mr. French said the May 9 meeting will start at 6:30 pm with the Trattoria della Norma site plan, followed by citizens' petitions zoning public hearings, then the North Main Street/Thomas Street site plan. He suggested asking Mr. Crugnale to plan to make his presentation and continue the site plan review, rather than try to complete the review that night. Mr. French said the board will have to vote its recommendations on zoning articles to Town Meeting at the May 9 Planning Board meeting, the last meeting before the May 15 Town Meeting. He asked members to think about which of the board's articles they might volunteer to present. Ms. Friedman said she would present the signs article. Mr. Burke said he would present the parking article. Mr. French said the Finance Committee plans to present a financial impact statement on the 3% local option tax. [Ms. Friedman left the meeting at 8:45 p.m.] Mr. French said he thought more people would attend the board's and tonight's public hearings to give the board an idea about where the public stands on recreational marijuana. Mr. Burke said he is working with the Conservation Agent on a climate change grant for wetland preservation/restoration and culvert improvements in West Mansfield. The grant is up to $75,000 and could include staff time and consultant time for tasks like consensus building. Mr. Feck asked about the North Main Street/Thomas Street site plan parking; Mr. Burke said site plan doesn't have a zoning freeze, so the parking may change if the board's parking article passes. Mr. Feck asked if that plan would have to be changed between the night the Planning Board meets and Town Meeting. Mr. Burke said Mr. Crugnale has been made aware of the potential zoning change. Motion: To adjourn at 9:00 p.m. (McClanahan-) All in favor. PASSES Next Planning Board Meeting: May 9, 2018 at 6:30 p.m. Date Al proval Planning Board 4/25/18