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HomeMy WebLinkAboutPlanning 07/18/2018Planning Board Minutes July 18, 2018 Present: Don Cleary, Chair; Rich LeBlanc, Clerk; Tom French, Michael McClanahan, Beth Ashman -Collins, Ralph Penney, Michael Feck Alternates Joe Cerretani and Sharon Friedman Shaun P. Burke, Director of Planning and Development; Jennifer Davis, Administrative Secretary 1. Minutes June 20, 2018 p. 2 4th para - trash cans proposed for 1 Mansfield Avenue; p. 4 2d para would have to be filed with FAA; p. 4 Board Comment Mr. French said this is an interesting project but needs need a phasing plan; Ms. Friedman asked if the applicant has a sense of what the retail tenants would be; p. 7, Around the Table — [Mr. French] said mixed use by right... Motion: To approve as amended (Friedman -Penney) All in favor. PASSES 2. June 28, 2018 letter from Louis Andrews, President, Natural Resources Trust re: Rolling Fields Village [off Elm Street] open space Mr. Burke said the land was supposed to have been donated to the Natural Resources Trust. He has contacted the developer and his attorney several times, with no response, and requested the board's permission to contact town counsel. Motion: To contact town counsel (Penney-Cerretani) Al in favor. PASSES [Ms. Ashman -Collins arrived at 7:10 p.m.] 3. Public Hearing notices — Attleboro, Easton, North Attleboro, Plainville 4. Massachusetts Housing Partnership 2017 Annual Report 5. June 18, 2018 letter from John Walsh re: request for reduction in surety — Marie Drive [Phase I, Willowdale Estates] Mr. Burke said Mr. Walsh posted an insurance company bond as surety rather than cash and would like to reduce it to $64,000, which includes around $20,000 worth of work and the original 20% contingency. He said he spoke with Mr. Ahern today and agrees the original 20% contingency should be left in place. Mr. Walsh will post a new $64,000.00 bond. Motion: To accept the new bond amount of $64,000 for Marie Drive. (Penney -McClanahan) All in favor. PASSES Horace Street Molyan The lot (R3) has two existing houses, both built ca. 1900, prior to zoning. The plan proposes to divide the land into two lots, both with sufficient frontage and area. Subdivision Control Law allows a lot with two houses, if they were built before the adoption of zoning, to be separated. Mr. Burke suggested the plan warrants endorsement. Motion: To endorse the ANR Plan (McClanahan -French) All in favor. PASSES [Mr. Feck arrived at 7:20 p.m.] Planning Board 7/18/18 North Main/Dane Streets — Geocen Corp The plan proposes to create four lots, all with sufficient frontage and area. Mr. Burke suggested the plan warrants endorsement. Motion: To endorse the ANR Plan (Penney -McClanahan) All in favor. PASSES Marco Crugnale; Bob Rego, RiverHawk Environmental; Shaun Kelly, traffic engineer, Vanasse Associates Mr. Kelly explained the traffic report for the site at the intersection of Reservoir/South Main Street (Route 140). He said they collected data to understand the existing traffic conditions, daily traffic counts and peak hour traffic counts on Route 140 and on Reservoir Street. They conducted turning movement counts and reviewed the state database for crash information, and the intersection is below the state average for crashes. They looked at speeds along Reservoir Street, as well as at public transportation in the area. Mr. Kelly said the second step was to adjust the traffic numbers up for the growth rate and for traffic associated with specific projects coming online in the next seven years. Mr. Kelly said they used ITE traffic counts to estimate traffic numbers by specific uses; they looked at retail, bank, hotel and restaurant to generate the traffic counts. He said not all trips are new traffic, some are "pass by" trips. He explained they could use 25-40% for pass by trips, but they used the more conservative 25% in their counts. Mr. Kelly said the result is the project is expected to generate 1,050 trips in and 1,050 trips out on a weekday, and about the same amount on Saturday mid-day. Mr. Kelley said he does not believe the development will have a huge impact on the Route 140 ramp, but will impact the Reservoir/Route 140 intersection. He said currently, that intersection functions at service level "F" during the evening peak. He said they developed the mitigation plan to improve operations, especially for people leaving Reservoir Street. Reservoir Street is currently a one -lane approach, so they propose to widen it at this site with right -turn and left turn lanes. Mr. Kelley said they are proposing to build a sidewalk along Reservoir to meet the existing sidewalk on Route 140. He said they expect a lot of the hotel customers will be going to concerts at the Xfmity Center and the sidewalk will help with safety. Mr. Kelly said they will be installing new traffic light at the Reservoir/Route 140 intersection, which will include a protected left from Route 140 onto Reservoir Street and will have to operate with the existing lights on Route 140. He said their signage and pavement markings will comply with MUTC standards, they will cut back the overgrown vegetation to improve sight distance and will produce a TDM plan. Mr. Kelly said two state reviews will be required; an Environmental Notification Form with MEPA and an indirect access permit from MassDOT. 2 Planning Board 7/18/18 Mr. Cerretani asked how service at the intersection of Reservoir Street/Route 140 would improve; Mr. Kelly said with their improvements in place, the intersection would be service level «B." Ms. Friedman asked why the traffic study used 25% "pass by" trips; Mr. Kelly said they used the conservative percentage to create the worst-case scenario. Ms. Friedman asked about adding a crosswalk from Reservoir Street to cross Route 140; Mr. Kelly said they talked about that with MassDOT. He said there is nowhere on the other side of Route 140 for a pedestrian landing, so they are proposing to build the sidewalk on Reservoir Street to link with the existing sidewalk on Route 140. Pedestrians would have to walk up the Route 140 sidewalk to get to an existing crosswalk. Ms. Friedman suggested looking at ways to make a safe place to cross Route 140 at Reservoir Street. Ms. Friedman asked who would maintain the crosswalks; Mr. Kelly said MassDOT would be responsible for maintenance within the state right-of-way. Mr. French said the addition of a signal, widening Reservoir Street and a right -turn lane would be an improvement. He asked if this meets the traffic signal warrants and will be allowed by the state; Mr. Kelly said they discussed that with MassDOT and he believes the intersection meets the traffic signal warrants. Mr. French asked about a right-in/right-out into and out of the site from Route 140; Mr. Kelly said they looked at that, but the state has a no access restriction there. Ms. Ashman -Collins asked about allowing turns into Reservoir Street. Mr. Kelly said prior to shows, Reservoir Street is open, but when shows are about to get out, the Police Department closes Reservoir Street. Mr.'Crugnale asked if the town can make the call on traffic flow or if that is up to the state. He said with the traffic light, the situation will be improved.' ` Mr. Kelly said he doesn't think the Police Department will want to change the Reservoir Street closure procedure. Mr. Burke asked if they have met with the Police Department about this issue; Mr. Kelley said they have not. Mr. Burke suggested they contact the Police and Fire Chiefs about incorporating this development into their existing' traffic plan. Mr. Penney suggested also meeting with the Xfinity Center to incorporate the development into the concert traffic plan. Ms. Friedman asked about bicycle detection; Mr. Kelly said there would be cameras to give bicyclists a green light. Mr. Burke asked about widening Reservoir Street for a left turn into the site, which would help traffic flow on Reservoir Street. Mr. Kelly said their traffic modeling did not find a backup on Reservoir Street because of turns into this site, but said he would look into that. Mr. Burke said there is also existing traffic turning left onto Reservoir Street out of the Great Woods Office Park. Mr. Burke said he thinks the traffic light will improve the situation, and said a condition of the special permit could be that the board supports Mass DOT's position that the intersection be signalized. Planning Board 7/18/18 Mr. Cleary suggested continuing the right -turn lane further down Reservoir Street to help avoid traffic backups. Public Comment Sandy Baker, 15 Reservoir Street, asked how this could work without widening Route 140. She said traffic backs up now, and will be worse with the addition of a hotel. Mr. Kelly said there is a left -turn lane now from Route 140 to Reservoir Street, and the new traffic signal will have a dedicated green arrow for left turns. He said he thinks that will be a safer turning movement. Ms. Baker asked if the traffic report takes into account the new IBEW building on Route 140. Mr. Kelly said that would be included in the background growth. Ms. Baker asked about development of the land across the street; Mr. Cleary said the board has to look at each project individually. Carl Kruger, 15 Reservoir Street, suggested the applicant be required to speak with the Police Department. Linda Fleishman, 15 Reservoir Street, asked if they looked at an exit from Route 495; Mr. Kelly said MassDOT would not entertain that. Ms. Fleishman asked how Saturday mid-day could be a peak time, compared with concerts or golf tournaments. Mr. Kelly said hotels and retail do more business on Saturdays, and they plan to have a restaurant in the development. He said the existing traffic is heavier on weekday evenings than on Saturdays. Cheryl Senior, 169 Reservoir Street, Norton, asked how much increased truck traffic the development would bring. Mr. Kelly said he could look at that, but he said there are no big box stores proposed. Jamie Morley, 72 Reservoir Street, Norton, said traffic and speeds have increased on his street. He said the solution would be to have traffic enter the site from Route 140 rather than Reservoir Street. Tory Hooper, 6 Foxberry Road, Norton, said Norton residents avoid Route 140 and use Reservoir Street on concert dates. He asked if the traffic study included impact from drivers using traffic apps. Mr. Kelly said he thinks the bulk of the traffic will come off Route 140 from Route 495; he said the restaurant and bank may draw local traffic. A resident said she thinks the reason Reservoir Street has to be closed down at the end of Xfinity shows is because of traffic apps. She asked how to prevent traffic from using Reservoir Street as a cut -through between Routes 123 and 140. Mr. Cleary said the Mansfield and Norton Board of Selectmen are meeting next Wednesday, July 25 and suggested that may be a topic for that meeting. A resident asked if they requested a waiver from MassDOT for a right -turn only on Reservoir Street; Mr. Kelly said they did not. He noted the only certain use is the hotel. He said if there is a restaurant, some of the traffic will be local. Don Corliss, 15 Reservoir Street, asked if the traffic signal would have an arrow for traffic to go south on Route 140. Mr. Kelly said with the light, the wait time to turn from Reservoir Street will be shortened. 4 Planning Board 7/18/18 Marianne Staples, 80 Reservoir Street, said delivery truck traffic will increase on Reservoir Street with this development. Mr. Cleary suggested signage to require trucks leaving the site to turn right on Reservoir Street. Mr. Burke said if Reservoir Street has become a shortcut for truck traffic, it should be signed "No Through Trucking" at the Norton end. Peter Wiggins, 157 Mansfield Avenue, Norton, said he is in favor of a hotel, but without a northbound ramp from Route 495 to 140, traffic is difficult. Sheila Ianello, 15 Reservoir Street, asked how people staying at the hotel will get access to Reservoir Street on concert nights. Mr. Cleary said the applicant will be meeting with the Police Department about that. Ms. Ianello said she is concerned about the impact on residents of Reservoir Street being closed on concert nights. Mr. Burke said the Board of Selectmen negotiates the license with the XFinity Center annually, so residents with concerns may want to talk with the Board of Selectmen. Karl Clemmey, 885 South Main Street, said the Commonwealth owns a 15,000 square foot parcel of land on Reservoir Street, where the applicant shows a sidewalk. He said that would have to be settled before any decision is made. Department Head Comments The clerk read a memo from the Conservation Agent and a letter from the Chair of the Norton Board of Selectmen. Mr. Cleary suggested the applicant send the traffic study to the Mansfield and Norton Boards of Selectmen prior to their July 25, 2018 joint meeting. Mr. Kelly said he would provide an electronic copy. Mr. Rego explained the changes to the site plan. Drainage is to subsurface infiltration areas; there are wetlands on the eastern part of the site, and they will file a Notice of Intent with the Conservation Commission. Mr. Rego said he has talked to the Norton water/sewer commissioner, who indicated Norton has sufficient capacity in its lift station for this development. Mr. Burke asked the applicant to get that acknowledgement in writing. He said that lift station is metered, so Norton has to be sure the structure has the physical capacity to accommodate flow from this site. Mr. Burke asked about lighting on Reservoir Street; Mr. Rego said nothing has been proposed yet, but they will design a lighting plan. Mr. Crugnale said they will meet with Police and Fire, get a letter from Norton on the sewer lift station, file with the Conservation Commission and look into an additional crosswalk. A resident asked whether the site's signage will be visible from Route 495; Mr. Burke said this is an industrial zone, which allows a freestanding sign. He asked for a rendering of any signage, with size and location. Mr. Crugnale said the sign would be 15' high. 5 Planning Board 7/18/18 Mr. Feck asked what would happen if MassDOT doesn't approve the traffic signal; Mr. Burke said he would rather have the MassDOT approvals in hand before issuing a decision. He encouraged the applicant to file with DEP and the Conservation Commission as soon as possible. Motion: To continue the public hearing to August 15, 2018 at 7:15 p.m. (McClanahan-Cerretani) All in favor. PASSES Attorney Ricardo Sousa, Prince Lobel Tye, LLC; Ryan Monte de Ramos, TMobile RF Engineer; Keenan Brinn, TMobile and Eco -Site Site Acquisition David Maxson, Isotrope, Planning Board's RF Consultant Attorney Sousa explained the town hired Mr. Maxson's firm, Isotrope, to do an independent review of the proposal. One of the suggestions made in that review was to move the proposed tower, which has been done, resulting in the variance application being withdrawn. Attorney Sousa said he believes they have proven there is a significant gap in coverage. Attorney Sousa explained the new location of the proposed tower, which has been shifted to the south and is now 536 feet from the closest residence. Mr. Cerretani asked for updated photographs of the views. Attorney Sousa said they would do another balloon test showing photos from different vantage points. Mr. Burke asked about wetland impacts and whether the Conservation Agent has been contacted. Attorney Sousa said they will have to file with the Conservation Commission and presented a response letter addressing the conservation agent's original memo. He said he disagrees with the Conservation Agent about the tower being located in a no build area. Mr. Penney said there is an AUL on this site; Attorney Sousa said they are aware of that and said the tower will be within the AUL. Attorney Sousa explained the revised coverage maps, prepared in response to Mr. Maxson's report. They have overlaid a drive test to see where there is or is not coverage, to see if the predicted plots are accurate. Mr. Monte de Ramos explained the propagation plots show different colors to distinguish indoor, outdoor and in -vehicle service. The plots also show existing T -Mobile sites and service. Attorney Sousa said the gap in coverage is at this site, to the east and to the north; Mr. Monte de Ramos agreed. Mr. Monte de Ramos explained T -Mobile's coverage plot. Attorney Sousa said each carrier has some spectrum in different bands; T -Mobile has spectrum in the 2100 and 700 mhz bands. Mr. Penney asked if there are other providers offering coverage in the red areas shown on the coverage maps; Attorney Sousa said each company has its own spectrum and its own equipment. 6 Planning Board 7/18/18 Mr. Penney asked why the carriers don't share towers; Attorney Sousa said companies do share towers, but each carrier has its own antenna. He said they know Verizon has a need and interest in this area. Attorney Sousa said there is not another pole available in this area for T -Mobile to install an antenna. Mr. Monte de Ramos said they first look`tor existing infrastructure to satisfy their objective. Ms. Friedman asked why the coverage area shown on the map doesn't make a complete circle; Attorney Sousa explained that is because of topograpri�al conditions. Mr. Monte de Ramos explained the drive test results for the area; he said when the results were overlaid on top of the plot maps, the two maps were consistent. Attorney Sousa said their coverage in the 2100 band is worse than the 700 band. Mr. Monte de Ramos said their bandwidth is mostly on the mid -band, which is the preferred frequency. Attorney Sousa said they will file with the FAA for the tower in the new location. Attorney Sousa said they investigated locating the tower on the Mansfield Cable Access land on Branch Street and he has talked with the Town Manager, who said he would like to work cooperatively with Attorney Sousa and would like to make land available, but they did not discuss specific sites. Mr. Brinn said he communicated with Mansfield Cable Access on the phone and by email and was told they are not interested in utilizing the property for a telecommunications site. Ms. Ashman -Collins asked if the Cable Access site is in the gap in coverage; Attorney Sousa said it is. Mr. French said that site would seem to be a perfect location for this use. Mr. McClanahan suggested talking to the Town Manager. Mr. Maxson said he has a mapping database with Registry of Deeds information, which indicates that parcel is owned by Mansfield Cable Access, not the Town of Mansfield. Mr. French said he thinks the Cable Access site would be less intrusive to residents; Mr. Burke said it is heavily wooded and abutted by conservation land and the open space from several subdivisions. Attorney Sousa said they looked at locating the tower on the town's landfill, which he said is too close to their other sites. Mr. Maxson explained he felt the original coverage maps and drive test maps lacked sufficient detail, so he requested revised maps, which were provided. He said he thinks the drive test data corresponds to the computer modeling. He said he suggested the proposed tower could be relocated to remove it from the 500 -foot setback, which the applicant has done. Mr. Maxson said the applicant looked at locating at the airport, but he agrees it would not be ideal. Mr. Maxson said the FAA analysis submitted with the special permit application were an internal analysis, and indicted the applicant did not think they had to filed with FAA; Mr. Maxson said he disagrees. He said because of the height of the tower and proximity to the airport, the applicant will need to file with FAA. 7 Planning Board 7/18/18 Mr. Maxson said a board member had asked about the coverage footprints. He said the modeling databases include terrain, which impact radio signals; he said signals taper more quickly over woods than over wetlands. Mr. Maxson said the difference in coverage between 700 vs 2100 mhz is significant. He said he looks first at 700 mhz to define a gap in coverage; with good 700 coverage and bad 2100 coverage, calls are more likely to go through. Mr. Maxson said the red area on the applicant's 700 mhz map is below the T -Mobile standard for reliable service in buildings. He said around 80% of all data usage is coming from inside buildings; he said while T -Mobile has coverage in the red areas, it is not reliable coverage. Mr. LeBlanc asked about the T -Mobile standard. Mr. Maxson said there is consensus that the threshholds used by carriers are reasonable. Mr. LeBlanc asked if there is an industry standard; Mr. Maxson said there is not. Ms. Friedman asked if the applicant is saying that without this pole, someone on Ware Street, for example, would not get reliable coverage. Mr. Maxson said that is correct. Ms. Friedman asked if AT&T would say the same thing. Mr. Maxson said in general, carriers' thresholds are about the same. Mr. Penney asked if there is a gap in cell phone coverage for T -Mobile customers in the proposed area and the need for a pole. Mr. Maxson said "gap" is not an engineering term, it is a legal term. He said the red area is below TMobile's standard for provision of reliable service in buildings. Mr. Burke said he would talk with the Town Manager and the applicant will do a second balloon test. Ms. Ashman -Collins asked about the Conservation Agent's concern about the proposed tower location being a no -build area. Mr. Maxson said the AUL allows this kind of use, and the applicant will have to avoid infringing on the wetland area. Attorney Sousa said he understands they have to file an amended Order of Conditions with the Conservation Commission, which they will do prior to the next hearing. Mr. LeBlanc asked if the proposal is the furthest away from the residents the tower could be placed; Attorney Sousa said it is. Public Comment James Farley, 18 Lincoln Road, said the first point in the abutters' Memorandum in Opposition is that it is up to the Planning Board to determine whether there is a "significant gap." He said he has been a T -Mobile customer for years and has tested his service in several abutting locations; he said 142 of 144 were successful. Mr. Farley said he doesn't believe there is a significant gap. Mr. Farley said Mansfield Green was discussed as an alternative site and said it doesn't make 8 Planning Board 7/18/18 sense that is not a good location. He said the other sites that were looked at included Canoe River Campground; he said he talked with the owner, who said he had not spoken with Eco -Site about locating at the campground, but he would be interested. Mr. Farley said he spoke to the owner of Newland Farm in Norton, who said he was not contacted by Eco -Site, but he would be interested. Mr. Farley said if the board denies the application, it should cite the evidence in writing. He said if the decision were appealed, there are several court cases to support it. Robert Camp, 14 Lincoln Road, said the aesthetics around his house will suffer and he will be able to see the tower from anywhere on his property. He said once this is approved, the applicant would be able to add height to the tower without the Town's approval. Mr. Cleary said the special permit would set the height. Mr. Camp said the site is on the edge of wetlands, and with all the rain this spring and summer, the soil is not stable and they have lost large trees. He said the applicant will be digging on the site to regrade and he is concerned about what chemicals may be uncovered. He said trucks will be coming to the site and disturbing the soil, and he is concerned about loss of privacy. Sergio Martin, 10 Lincoln Road, said he provided the board with a study at the last meeting indicating potential buyers would not consider a house near an antenna. He said the board has received letters from local real estate agents saying they believe a cell tower would have a negative impact on home values. Mr. Martin presented a study from New Zealand about the impact of cell towers on house prices in residential neighborhoods, which concluded towers have a negative impact on houses in the study area. Mr. Martin presented a report showing what T -Mobile's website claims their existing coverage map to be; he said it indicates they have excellent coverage in the area now. He said T -Mobile and Sprint are going to be merging, and Sprint's website indicates they also have excellent coverage. He said the merger will combine the networks. He said 5G technology is coming in the next few years, which does not need huge towers, so large cell towers will be obsolete. Mr. Martin said he has read the consultant's report, and did not see that it supports the claim of a gap in coverage. He said he believes there are weak areas in the application. Mr. Martin said many residents have attended all the public meetings and submitted letters to the board. He said people have expressed their concerns and asked how many people in attendance support the application. He asked the board not to allow this in their neighborhood. Michelle Farley, 18 Lincoln Road, said she has T -Mobile and has good service. She presented Conservation Commission minutes and plan indicating the area of the proposed tower is preserved wetlands for the life of the adjacent solar facility. She said this proposal is in violation of the spirit of that agreement. Ms. Farley presented letters in opposition to the proposal. Ms. Farley said the applicant previously stated there would be a .5 mile area of coverage; she said a lot of that is forest, so the impact would outweigh its benefit. 9 Planning Board 7/18/18 Julia Camp, 14 Lincoln Road, asked the board to read their brief. She said there are no existing structures in the area over two stories, and this tower would be nine stories. She said if the tower is deemed necessary, there are other locations it could be built. She said she does not believe the applicant has shown a significant gap in coverage and added there are not many residences in the area, so a tower would not provide a big improvement in service. She said this would have a negative impact on the aesthetics and character of the area. She said if the applicant prepares visuals again, they should show the worst case scenario for the views of the tower. A resident of 288 Branch Street said the board should consider whether this tower is really necessary in this location. He said it would not improve service to a significant number of people. Sridhar Devineni, 22 Lincoln Road, said Mansfield is a well-planned town and this would negatively impact bike path users. Mr. Maxson suggested several questions and issues the board may want to discuss with town counsel: • check into case law about the applicant's evidence of substandard building service; • part of design is related to data, not just phone calls, so is the data component something the board should consider under the Telecommunications Act; • does the abutters' memo rise to the level of being structured enough to be considered counter -evidence; • there is an allowance to expand a tower horizontally and vertically 20' or 10% of its height; the FCC has clarified its interpretation to say that is a one-time 20'; • if the tower is camouflaged, and the 20' eliminates the camouflage, would that be sufficient for the board to reopen; • impact on housing values; • marketing maps; • balloon tests — applicants may be reluctant to go on private property, but residents can take photos and submit to the board; • 5G will use same frequencies, so will still need towers. Mr. Cerretani suggested the applicant contact the Canoe River Campground and Newland Farm landowners; Attorney Sousa said he would, but said those sites are so far away they would not solve this problem. He said they try to be as comprehensive as possible with their sites. Attorney Sousa said he would contact the other landowners, would speak to the Town Manager about the Cable Access site, would do a balloon test and would file with the FAA and the Conservation Commission. Motion: To continue the public hearing to September 12, 2018 at 7:15 p.m. (Penney-Cerretani) All in favor. PASSES The balloon test will be conducted August 18, 2018 between 10 am —12 pm, with a rain/wind date of August 25, 2018. 10 Planning Board 7/18/18 Mr. Burke distributed a draft of revisions to the Downtown Overlay district for the board to consider. Special Town Meeting has been tentatively scheduled for November 13, 2018. Mr. French asked about the building on the comer of Cabot Boulevard/Hampshire Street. Mr. Burke said there is litigation regarding that site and work has stopped. Mr. French asked to have the erosion control checked and stabilized, and if not work is going to be done, have the site hydroseeded. Motion: To adjourn at 1 1:00p.m. (McClanahan- ) All in favor. PASSES Next Planning Board Meeting: August 15, 2018 at 7:00 p.m. Signature of Clerk Date ofA pioval 11 Planning Board 7/18/18