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HomeMy WebLinkAboutPlanning 02/27/2019Planning Board Minutes February 27, 2019 Present: Donald Cleary, Chair; Richard LeBlanc, Clerk; H. Thomas French, Beth Ashman - Collins, Michael McClanahan, Mike Feck Alternates Sharon Friedman and Joe Cerretani Shaun P. Burke, Director of Planning and Development; Jennifer Davis, Admin. Secretary 1. February 6, 2019 minutes p. 4 last para " the key message" Motion: To approve as amended (McClanahan -LeBlanc) All in favor. PASSES 2. Public Hearing Notices — Attleboro, Easton, North Attleboro, Plainville 3. Copy of Appeal of ZBA Decision — 601/619&621 East Street Dog Daycare South Main Street - Eames Mr. Burke explained the plan is to convey the area shown as parcels B and C from parcel A to parcel D; there are existing houses on Parcels A and D. Parcel A will still conform to zoning after the conveyance. Mr. Burke said the plan warrants endorsement. Motion: To endorse the Form A (McClanahan -French) All in favor. PASSES Elm Street — Christian & Feck Development Craig Cygawnoski, RIM Engineering, explained the board signed a Form A in 2017; it was later discovered the septic system for #701 was shown on the wrong lot. This plan seeks to correct that error. Mr. Burke said the plan warrants endorsement. Motion: To endorse the Form A (McClanahan -Ashman -Collins) Ms. Friedman asked if this was an oversight; Mr. Cygawnoski said #701 was recently sold, and the error was discovered when the title search was done. Five in favor. Feck, Friedman abstained. PASSES [Mr. Cerretani arrived at 7:15 p.m.] Chris Marcheselli, Foremarc Realty The board reviewed the draft decision. Motion: To approve the Special Permit application pursuant to Mansfield Zoning By -Law Sections 230-5.5, Special Permit and 230-3.3B, Two -Family Dwelling, relative to the application of Foremarc Realty, LLC for Special Permit approval for the construction of two (2) two-family 1 Planning Board 2/27/19 buildings on an approximately 13,000 square foot parcel in the Business 2 (B2) Zone at 23 Church Street (Map 24, Parcel 180) with the following conditions: 1. Plans of "Site Plan at 23 Church Street in Mansfield, MA," dated December 20, 2018 and revised January 30, 2019, prepared by RIM Engineering Co., Inc. are incorporated into this special permit decision by reference and shall be recorded with the special permit decision at the Mansfield Town Clerk's office, and the special permit shall be recorded at the Northern Bristol County Registry of Deeds; 2. The sewer line easement between the lots shall be recorded at the Bristol County North Registry of Deeds; 3. The single 13,000 square foot parcel of land at 23 Church Street (Map 24, Parcel 180) shall be divided into two parcels of land, each containing 6,500 square feet of land area; 4. Demolition of the existing house at 23 Church Street shall be completed when Al -Noor Academy is not open. The applicant shall notify AI -Noor Academy in advance of the date of demolition. The applicant shall contact the Mansfield Police Department to discuss the need for a police detail during demolition; 5. Heavy trucks shall use Samoset Avenue to access the site, rather than Church Street; 6. Existing utility lines to the existing structure shall be cut and capped as directed by the Mansfield Department of Public Works and as shown on the plan; 7. Sanitary sewer shall be tied into the existing manhole rather than the existing vitrified clay sewer main. The applicant shall be required to line the existing brick sewer manhole at the time of connection; 8. Temporary fencing shall be installed on the north side of the site along Church Street to prevent children from accessing the site; 9. The dumpster shall be covered during demolition and construction; 10. ADA -compliant handicapped ramps shall be replaced in the event of damage during construction. 11. The sidewalk on Bristol Street shall be replaced from property line to property line when the driveways to the proposed residential duplexes are installed; 12. Three street trees of the species "Slender Silhouette Sweet Gum," shall be planted along Church Street; 13. The buildings shall be sided when constructed in Certain -Teed Main Street and Cedar Impressions vinyl siding; 14. While the buildings shall be sided with the same materials, the siding and trim colors shall be reversed from one building to the next, so while there is similarity, the buildings do not match; 15. Non -chemical, low -impact de-icing materials shall be used in the parking area(s). The applicant shall be prohibited from plowing or shoveling snow onto public ways; 16. The residents shall be responsible for having the snow removed from the site; 17. Site lighting shall consist of residential -style light poles adjacent to the driveways. Light shall not spill onto abutting properties; 18. This special permit for the construction of two (2) two-family residential buildings on an approximately 13,000 square foot parcel at 23 Church Street (Map 24, Parcel 180) [to be divided into two parcels of land, each containing 6,500 square feet of land area] in the Business 2 (132) Zone at 23 Church Street (Map 24, Parcel 180) is issued to the applicant, Foremarc Realty, LLC; 19. This special permit is issued for two (2) two-family residential buildings; 20. All above -referenced department head comments shall be satisfactorily addressed within the 20 -day appeal period; 21. Any changes to the plans shall be made within the 20 -day appeal period; 22. If the applicant seeks any variances from the Zoning Board of Appeals, and should relief be granted, the applicant must return to the Planning Board for review, which may include a public hearing to revise or reissue this special permit; 23. Hours of operation for demolition, construction deliveries, site work and construction shall be limited to 7:00 a.m. to 5:00 p.m. Monday through Friday and 8:00 a.m. to 4:00 p.m. on Saturday. No exterior 2 Planning Board 2/27/19 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. Street 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; 24. Any significant change to the Property and/or its attendant parking, drainage and/or landscaping shall result in the need for a modification to this special permit. A five percent (5%) change to any of the above -referenced aspects of this item shall be considered a "significant change" and shall require review by the Planning Board. A less than significant change shall require anew site plan to be submitted and reviewed by the Planning Board. (Friedman-Cerretani) Friedman — In favor. The benefits outweigh the detriments; there will be minimal impact on health, safety, convenience and general welfare; this is a good use of the property; the effects on adjoining premises have been addressed as much as possible; there will be minor impacts on vehicular and pedestrian traffic; there are adequate municipal facilities and services; the three bedroom units will attract families. Cerretani — In favor. I appreciate the applicant working with the board and the abutters to make the Church Street side of the buildings more appealing. The density is a little high, but I think this will be a good project. French — In favor. The benefits outweigh the detriments, there are adequate municipal facilities, the fiscal impact will be positive, traffic will be mitigated and this use is preferable to other allowed uses. LeBlanc - In favor. The benefits outweigh the detriments; impacts to health, safety and convenience will be minimal, the use is more in line with the neighborhood than a business use would be; impacts on vehicular traffic will be minimal, there are adequate municipal facilities. Ashman -Collins — in favor. The benefits outweigh the detriments, this will be a minimal change to the neighborhood, the applicant has addressed safety and convenience issues, and this will be a net positive for the neighborhood. McClanahan In favor. The benefits outweigh the detriments. This is the best use for the parcel and will be a benefit to neighborhood with additional housing. Cleary - In favor. This will have a positive fiscal impact, the town will gain sidewalks and I appreciate the applicant working with the school across the street. Motion: To close the public hearing (French -McClanahan) All in favor. PASSES Planning Board 2/27/19 The clerk read a request from the applicant to continue the pub Motion: To continue the public hearing to April 24, 2019 at 7 in favor. PASSES is hearing. 15 p.m. (French-Cerretani) All The clerk read a request from the applicant to continue the public hearing. Motion: To continue the public hearing to April 10, 2019 at 7:15 p.m. (French -McClanahan) All in favor. PASSES Baron Estates on the Easton town line — Jay Zola Mr. Burke explained the backs of some of the parcels are in Mansfield; the lots are all in Easton and none of the buildable area is in Mansfield. He said the plan warrants endorsement. Motion: To endorse the Form A (McClanahan-Cerretani) Six in favor. Three abstained. PASSES Mr. Burke said he thinks most of the zoning issues the board has discussed should wait until the Master Plan process has been completed, except those articles the board has committed to bring to Town Meeting, including Signs in the PBD and Parking in B1 & B2. Signs in PBD The Planning Board's consensus at its January 23, 2019 meeting was to submit this article. Restaurant Parking BI&B2 Mr. Burke said when Matt Smith from Nelson -Nygaard met with the board, he suggested eliminating parking for restaurants in B 1 and B2. Mr. Burke said the Nelson -Nygaard plans show there is a lot of parking downtown. Mr. Feck suggested new development should be required to provide parking for the minimum first floor retail requirement, so if the restaurant does not succeed, there would still be an option to use the space for retail. Mr. French suggesting making the restaurant and retail parking requirement the same. Consensus was to make the parking requirement for both Retail and Restaurant one space per 1,000 square feet of gross floor area. In B1 and B2, the off-street parking requirement may be waived by the Planning Board for conversions to restaurants, provided ADA requirements are met. The waiver would be based on alternate parking solutions, the location of the proposed restaurant and the availability of parking within a certain distance. The valet parking line will remain. Mr. LeBlanc asked about accessible parking; Mr. Burke said ADA -compliant parking should be provided. 4 Planning Board 2/27/19 Downtown Overlay District Map Ms. Friedman said she is concerned about putting off zoning changes because of the Master Plan, especially the North Main Street Overlay District. She said she is concerned about density issues and said between now and when those zoning changes are made, proposals could come before the board. She said she has heard from a lot of downtown residents concerned about the density of downtown development abutting existing residential neighborhoods. Mr. French said he thinks it would be beneficial to move after the Master Plan is completed. Mr. Feck said he would be concerned about going to Town Meeting this year with downtown zoning, then going back next year to change zoning for the same area after the Master Plan is finished. Mr. French suggested going forward with the proposed map amendment; Ms. Friedman agreed. Consensus (6-2) was to go forward with the revised Downtown Overlay map, which shrinks and narrows the district. Mr. Feck suggested pushing the overlay district to Mansfield Bank. Amusement Mr. William Clemmey suggested simply changing Amusement to a special permit use in the Il zone. Mr. Burke said if suggested adding more modern uses to the definition. Mr. Cleary said he would support going forward with this; he said the IDC would probably also support it. Consensus was to change Amusement to "S" in B2 and Il, "N" in I3. Mr. Burke said after the warrant closes, he would like to have the Planning Board meet with the Select Board, Finance Committee, IDC and Downtown Committee to talk about supporting one another's articles. Mr. French asked about the Town Manager's Strategic Planning Committee; Mr. Burke said the consultant has met with the committee and a placeholder article for TOD changes has been submitted. He said he is concerned about whether there is enough time before Town Meeting to get consensus on zoning changes, but said the Town Manager is optimistic. - - - - - Mr. Burke said the Police Department visited Firestone to talk about trucks backing up off School Street into the parking lot. Officer Kinahan met with the store manager, who called Firestone delivery and instructed them to stop that practice. Ms. Friedman said the Strategic Planning Committee is dealing with TOD issues and said the Master Plan would address that area; she said it would make sense for those issues to be worked on together. Mr. Cleary said the Town Manager is hoping to submit a TOD article for Town Meeting. [Mr. Burke left the meeting at 8:45] February 27, 2019 letter from William Clemmey re: 2019 Zoning Articles Mr. Clemmey suggested allowing recreational marijuana on South Main Street; Mr. French said he has spoken with the Police Chief, who said his initial thought was not supportive of the use in that location. Mr. Clemmey suggested allowing it behind Shaw's; Mr. French said he doesn't think the neighborhood would support that. Mr. Clemmey said the town could wait two more Planning Board 2/27/19 years and put it in the business zones like other towns. Mr. French said the use may become like liquor stores in a few years, at which time the town could look at it again. Mr. Clemmey said the use cannot be done on a property with an FDIC mortgage. Mr. Karl Clemmey said he doesn't know why a gas station would affect anyone on Copeland Drive. He said the Assessors have increased his taxes 300%. He said he would wait for the Master Plan. Mr. W. Clemmey said the B4 zone should be looked at, especially the Paine School. Ms. Friedman said 1 Mansfield Avenue has vacant retail space and asked what is holding back the development. Mr. McClanahan said the only vacant space is the restaurant space on the corner. Ms. Freidman said the town should figure out how to attract other uses downtown. Mr. French said he thinks as downtown residential occupancy increases, it will create demand for retail uses. Mr. Cleary said he thinks when the train station construction is complete and there are more available parking spaces in the evening, restaurants will take notice. Mr. Cerretani asked about a vacant building fee. Mr. French said that would have to be a general by-law. Mr. Cleary said the owner could request an abatement on a vacant building. Mr. French asked about the Master Plan; the RFPs are due March 7. Mr. French said Mr. Burke will review the responses and make sure all the responses meet the minimum standards, then the board will interview the consultants. Motion: To invite the Town Manager to meet with the Planning Board before Town Meeting to discuss the town's economic plans and how TOD zoning will work with the Master Plan. (French -Friedman) All in favor. PASSES Ms. Ashman -Collins said the IDC and Town Manager have posted a Business Development Permitting Guide on the town's website. Mr. Cleary asked about the makeup of the Master Plan Committee; Mr. French said in the past, the board has included members of other committees and a few citizens -at -large. Motion: To adjourn at 9:10 p.m. (French- ) All in favor. PASSES Next Planning Board Meeting: March 13, 2019 at 7:00 p.m. /Art p d Signature of Clerk >1 7ot' Date of Approval 6 Planning Board 2/27/19