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Planning Board Minutes
(' July 18, 2007 07 AUG 23 AM 11: 51
Present: Tom French, Chair; Fred Armstrong, Clerk; Ken Torman, John DeMassi, Mike
McClanahan. Stan Feck t~'\Al'iSI.1ELO
Alternate(s): Beth Ashman Collins, Anthony Jodice MASSACHUSETTS
Shaun P. Burke, Director of Plannin and Develo ment
Motion: To appoint Mr. DeMassi acting clerk
(Torman-McClanahan) All in favor. PASSES
Mr. French a inted Ms. Collins to artici te in the meetin .
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1. July 17, 2007 letter from Perry DiMascio re: phasing of Autumn Park subdivision
Mr. DiMascio explained they would like do the subdivision project in two phases,
with the "U" as phase one and the cul-de-sac as phase two. The water main would be
carried through the cul-de-sac to complete the loop. Mr. French asked if the town
would be asked to accept the street whole or in phases; Mr. DiMascio said they would
complete both phases before petitioning for acceptance. However, he said they would
ask for releases in phases. Mr. McClanahan asked what utilities are in; Mr.
DeMascio said the water is the only utility that has not been installed at this time.
Mr. Burke said it is not unusual to phase a project; he said each phase can stand on its
own. He suggested allowing the phasing, with the front first and the back second.
Mr. McClanahan asked the timeftame. Mr. DiMascio said they would begin the
second phase as soon as the first is done.
Mr. DeMassi said he wouldn't have a problem with this as long as there will be no
request to accept the front part of the road before the back. Mr. DiMascio agreed.
Motion: To allow Autumn Park to be built in two phases as described on the phasing
plan dated July 18, 2007, with the understanding that phase one will not be petitioned
for acceptance before phase two is complete
(McClanahan-DeMassi)
Mr. French asked about adding a timeftame for the completion of phase two. Mr.
Burke said under subdivision control, a developer has two years to complete from the
start of construction. Mr. DiMascio said he doesn't expect to need more time than
that to complete the second phase. Mr. McClanahan said he would like to see this
completed in two years. Mr. DiMascio said they are required to do that now. Mr.
DeMascio noted that he will be responsible for maintaining the roadway until it is
accepted, so that is an incentive for him to finish the work.
Mr. DiMascio said they plan to substantially complete phase one, then post the surety,
then start on with phase two.
Five in favor. Jodice abstained. PASSES
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[Mr. Feck arrived at this time]
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2. Minutes June 20, 2007
Motion: To approve as submitted
(Torman-Jodice) Five in favor. Feck abstained. PASSES
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[Mr. Armstrong arrived at this time]
3. ZBA application for variance - 151 Stearns Avenue - frontage and lot width
Mr. Burke explained there is a single parcel with one existing home; the applicant
seeks to create three lots. Lots 1 and 2 conform, Lot 3, 10.5 acres, does not conform
because it does not have adequate frontage or lot width. The application says that
with a subdivision road, four lots can be built. Mr. Burke suggested a negative
recommendation because this application does not meet any of the statutory
requirements for the grant of a variance.
Mr. Feck suggested if the variance were granted, there could be a condition to prevent
the further subdivision of the 1 O-ac~ parcel. He said if the wetland line shown on the
plan is correct, further subdivision may be possible. Mr. Burke said with a residential
compound, the applicant would have; to prove a traditional subdivision could be done.
Motion: To send the ZBA a negative recommendation because the application does
not meet the statutory requirements for the grant of a variance. As that if the ZBA
does grant the variance, it consider a deed restriction to prevent the 10-acre parcel
from being further subdivided (McClanahan-Armstrong) All in favor. PASSES
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Phil Cordeiro, Allen & Major Associates, explained the plan for additional parking and
modifications to the building. The existing landcaped berm along the northern property
line will become 38 new parking spaces. The parking field between 9-11 Hampshire
Street will be renovated with striping, curbing and new sidewalks. The parking
renovations require the relocation of drainage from the eastern to the western courtyard.
There will be a sewer lift station for kitchen waste that will connect to the existing
sewer line at the front of the building.
Mr. Cordeiro said he has addressed the department head concerns, including
landscaping, modifying radius for fire trucks and engineering concerns.
Department Head Comments
The clerk read a memo from Rick Alves, Senior Engineer, indicating his concerns have
been addressed. Mr. Burke said the revised plans address the Fire, Light, Planning and
Engineering issues.
Board Comment
Mr. DiMassi asked if the use of the facility is changing. Mr. Cordeiro said it is not
changing, but they are combining the two cafeterias into one.
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Dr. Torman asked about a change in handicapped spaces; Mr. Cordeiro said the east
side spaces would not change, but there will be two additional handicapped spaces
added to the west side.
Motion: To send the Building Inspector a positive recommendation on the site plan
(McClanahan- Torman) All in favor. PASSES
4. Bertucci's elevations, Mansfield Crossing
Mr. Burke said the board had asked for a revised plan showing landscaping; the
disposition of the 15-minute parking spaces in front (which have been removed); the
outside waiting area (which has three benches); and the outside dining area.
Dr. Torman asked if only two handicapped spaces are required; Mr. Burke said for a
restaurant of this size, two are required. Dr. Torman asked about their proximity to
the door. Mr. Burke said there is a ramp to the sidewalk connecting to the front of the
building. He said it appears to be about 60 feet from the front door. The board asked
that the handicapped spaces be closer to the front door.
Mr. DeMassi asked about the illuminated take-out sign at the back of the building;
Mr. Burke said that appears to have been removed. Mr. Jodice noted it would be up
to the business to educate their customers about the location of the take-out window.
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Motion: To approve the Bertucci's plan with the condition that the handicapped
parking spaces be moved closer to the front entrance
(Torman-McClanahan) All in favor. PASSES
The second plan shows the elevation of the building compared with surrounding
buildings. Mr. Burke said this building will be lower than the buildings around it; he
noted the board has already approved the building elevations.
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5. Texas Roadhouse elevations, Mansfield Crossing
Mr. Burke explained the Black Angus steakhouse will not be locating at Mansfield
Crossing and will be replaced by Texas Roadhouse. The building is at the top of the
pond, facing toward the pond.
Mr. Armstrong said this building does not look like it will fit into this development.
Motion: To ask the applicant to come in to show the board materials, how the
building will fit on the site, and possible alternatives
(DeMassi-McClanahan) All in favor. PASSES
6. June 27, 2007 letter from Butch Fuller, Mansfield Crossing Project Manager, to
Zoning Board of Appeals re: relocating Route 140 pylon sign, Mansfield Crossing
Mr. Burke explained the mall developers went before the Zoning Board of Appeals
(' on July 17 to request to move the pylon sign where the right-in from Route 140
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Dr. Torman asked about a change in handicapped spaces; Mr. Cordeiro said the east
side spaces would not change, but there will be two additional handicapped spaces
added to the west side.
Motion: To send the Building Inspector a positive recommendation on the site plan
(McClanahan-Torman) All in favor. PASSES
4. Bertucci's elevations, Mansfield Crossing
Mr. Burke said the board had asked for a revised plan showing landscaping; the
disposition of the IS-minute parking spaces in front (which have been removed); the
outside waiting area (which has three benches); and the outside dining area.
Dr. Torman asked if only two handicapped spaces are required; Mr. Burke said for a
restaurant of this size, two are required. Dr. Torman asked about their proximity to
the door. Mr. Burke said there is a ramp to the sidewalk connecting to the front of the
building. He said it appears to be about 60 feet from the front door. The board asked
that the handicapped spaces be closer to the front door.
Mr. DeMassi asked about the illuminated take-out sign at the back of the building;
Mr. Burke said that appears to have been removed. Mr. Jodice noted it would be up
to the business to educate their customers about the location of the take-out window.
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Motion: To approve the Bertucci's plan with the condition that the handicapped
parking spaces be moved closer to the front entrance
(Torman-McClanahan) All in favor. PASSES
The second plan shows the elevation of the building compared with surrounding
buildings. Mr. Burke said this building will be lower than the buildings around it; he
noted the board has already approved the building elevations.
5. Texas Roadhouse elevations, Mansfield Crossing
Mr. Burke explained the Black Angus steakhouse will not be locating at Mansfield
Crossing and will be replaced by Texas Roadhouse. The building is at the top of the
pond, facing toward the pond.
Mr. Armstrong said this building does not look like it will fit into this development.
Motion: To ask the applicant to come in to show the board materials, how the
building will fit on the site, and possible alternatives
(DeMassi-McClanahan) All in favor. PASSES
6. June 27, 2007 letter from Butch Fuller, Mansfield Crossing Project Manager, to
Zoning Board of Appeals re: relocating Route 140 pylon sign, Mansfield Crossing
Mr. Burke explained the mall developers went before the Zoning Board of Appeals
r- on July 17 to request to move the pylon sign where the right-in from Route 140
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Dr. Torman asked about the Irish pub that had been rumored to be coming to North Main
(' Street. Mr. Burke said they were granted a liquor license, but he has not seen a site plan.
Dr. Torman asked about the landscaping at Erin's Centre; Mr. Burke said they are still in
court on that issue.
Mr. DeMassi asked about the 55 and over by-law workshop. The board decided to
schedule that workshop on September 12.
Mr. Burke said the town has received a grant application for $800,000, of which about
$200,000 will be used for the downtown fa~e improvement program. The balance will
be for the rehab of residential units downtown.
[Mr. Feck left the meeting at this time]
Attorney Ed Valanzola; Ted Hoppe, Pinnacle Partners; Timothy Williams, Allen &
Major Associates; Robert Michaud, MOM Transportation Consultants
Mr. Williams explained the changes made to the site plan after the last meeting. The
building has been moved back and stays within the setbacks, and they will be able to get
the 10-foot landscape strip.
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The radius at the driveway entrance has been increased. A profile of the intersection has
been included on the plan. There is a note on the photometric plan indicating the poles
will be flush to grade. The one-way traffic pattern has been incorporated; they have lost
one parking space but still meet the parking requirements. One-way signage will be
added to the site. They have resubmitted the truck turning radius exhibits showing a fire
truck can get in and maneuver around the site. An exhibit has been added showing sight
distance of no less than 250 feet from the intersection. There had been concerns about a
tree blocking sight distance; that tree has been removed. Color elevations with materials
have been submitted, along with the decorative retaining wall detail. The layout plan has
been amended. They are working to coordinate with the Mansfield Crossing traffic
engineer.
Board Comment
Mr. French asked about the signage. Mr. Williams explained there is a one-way sign
when coming into the site, forcing traffic to the right and around the building. One-way
arrows will be painted on the drive.
Mr. Michaud said there could be a "Right Turn Only" or a "Do Not Enter" sign on the
island near the building. He said there could also be a "Do Not Enter" on the back of the
stop sign.
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Mr. McClanahan asked about the Old School Street sewer issue. Mr. Valanzola said they
have arrived at an agreement to connect to the existing sewer. ~
Mr. McClanahan asked about the status of the elimination of Old School Street. Mr.
Valanzola said the new deal involves revisiting Pinnacle's involvement in acquiring Old
School if it is discontinued at the fall town meeting. He said that is not part of this plan.
Mr. McClanahan asked if this plan would be modified if that happens. Mr. Hoppe said
they have a tentative agreement with the landowner and could be a phase two portion of
this development.
Department Head Comments
The clerk read memos from the Water, Engineering and Fire Departments
Mr. French asked if the Fire Department's concerns about the slopes have been
addressed. Mr. Burke said he has not heard from them. However, he said there are many
roadways in town where the slope is greater than 5%.
Mr. French asked if there is a potential for a secondary emergency access onto the site.
Mr. Williams said they can turn down a curb at the back of the site to provide a fire truck
with a second access to the site. Mr. Burke said that should be adequate. Mr. French said
there are parking spaces at that area, but they will likely be the last ones filled.
Mr. Williams said there is one hydrant at the front and one at the back of the site.
Mr. DeMassi asked if there is a sidewalk at the front of the site. Mr. Michaud said there
is, and it will remain.
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Mr. Armstrong asked if any additional development at the rear of the property is
developed, and Old School Street is abandoned, would that additional development use
this development's School Street access. Mr. Hoppe said it would, which would
minimize the number of curb cuts. Mr. French said a special permit would be needed for
any additional development.
Mr. Burke said the revised site plan has addressed the issues of staff and the board. Mr.
Burke noted the elevations show the whole building labeled as "retail" and asked if the
bank was gone. Mr. Hoppe said the bank is still there.
Mr. Hoppe showed the board proposed elevations, which are similar to the architecture at
Mansfield Crossing. He said the building is one story, with the highest point a 35-foot
tall tower.
Ms. Collins asked about the landscaping in the to-foot strip. Mr. Williams showed the
board a plan showing the planted landscape strip.
Mr. Burke said he feels comfortable with the changes made to the plans, including
parking, landscaping and lighting. He said he is comfortable with the materials proposed
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for the pedestrian crosswalks. He said he feels comfortable with the board voting on this
(' plan if the members feel comfortable with it.
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Mr. French said this is a special permit application, so the board has to determine that the
benefits outweigh the detriments of this project.
Motion: To approve the special permit application to construct a 8,250 square foot
commercial building split up into 3,750 square feet of retail space and a 4,500 square foot
bank at 321-339 School Street (Assessor's Plat. No. 12, Lots 10, 12 and 13) in the
Industrial 1 (11) zone with the following conditions:
1. Sheets EX-I, C-l through C-7 and D-l through D-4 of Plans of "Site Development
Plans for 321-339 School Street, Mansfield, MA" dated March 27,2007 and revised
May 2,2007, May 23,2007, and July 3, 2007 by Allen & Major Associates, Inc.
are incorporated into this special permit decision by reference and shall be recorded
with the special permit decision.
2. All above-referenced department head COmments shall be satisfactorily addressed
within the 20-day appeal period. Specifically, the Fire Department must be
satisfied with the location of the two fire hydrants and with the cape cod berm at
the southwest corner of the parking area to allow emergency vehicle access from
Old School Street.
r 3. Any changes to the plans shall be made within the 20-day appeal period.
4. A "Do Not Enter" or "No Left Turn" sign shall be added to the back of the
Stop sign at the entrance to the site.
5. All public rights-of-way used during demolition, deliveries, site work and
construction shall be swept regularly and kept clean of debris. Erosion control
measures should be installed around catch basins within the public right-of-way.
6. Hours of operation for demolition, 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.
7. If and when development occurs on the parcel to the rear of this development, and
Old School Street is discontinued, this special permit for the development of321-
339 School Street may need to be amended to accommodate the new development
and/or a new special permit issued.
(Armstrong-McClanahan)
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Torman - In favor. The benefits outweigh the detriments, particularly in the fiscal
impact. I am pleased with the willingness of the applicant to address the board and staff
requests.
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Ashman-Collins - In favor. Though I am concerned about industrial land being lost to
retail use, I think the developer has been responsive to everyone's comments.
Jodice - In favor. The fiscal impact will be beneficial, the neighborhood has already
changed and this will fit in, and the traffic issues have been addressed
DeMassi _ Opposed. I have. a problem with the way the site is laid out, including the
one-way access and the fact that pedestrians have to walk across traffic to get into the
building. I recognize there will be a tax advantages and this will have little impact on the
neighborhood or natural environment, but I place more emphasis on the safety issues. I
feel this is too large a project for this site.
Armstrong - In favor. The benefits outweigh the detriments. I am sensitive to Mr.
DeMassi's concerns, but think the applicant has done best job possible considering the
shape of the site. The applicant has addressed everyone's concerns as best he can with
signage, crosswalks and sidewalks. I think the one-way circulation will work on this site
and will help address safety issues. The development will fit in with the changing
neighborhood, they did a nice job on the design, it will be a benefit to tax base, and won't
contribute a significant amount of traffic.
McClanahan- In favor. The benefits outweigh the detriments. The applicant has done a
good job working with the board and staff and this will fit in with surrounding
development. I am pleased the applicant took out the propane tanks.
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Five in favor. One opposed. PASSES
Motion: To close the public hearing (McClanahan-Armstrong) All in favor. PASSES
Ed Tartufo updated the board on the work on the new Chamber of Commerce building at
Mansfield Crossing.
Motion: To adjourn at 9:30 p.m. (Torman-Armstrong) All in favor. PASSES
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