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
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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
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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.
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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
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