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HomeMy WebLinkAboutPlanning 09/15/2019Planning Board Minutes RECEIVED September 11, 2019 t� OFFICE Present: Donald Cleary, Chair; Richard LeBlanc, Clerk; B�t�tA"Lll r=Coins, Ralph Penney, Alternate Joe Cerretanin av��� $�� I p I2: 43 Shaun P. Burke, Director of Planning and Development; Jenis, Admmistrative Secretary MA N, S'; IEL.� Motion: To appoint Ms. Ashman -Collins Acting Clerk (Cerretani-Penney) All in favor. PASSES None 1. August 23, 2019 memo from DPW Director Lee Azinheira re: Oakland Street sidewalks. The sidewalk will be installed from the Chocolate Factory to Mansfield Avenue. 2. Public Hearing notices — Attleboro, Easton, North Attleboro, Norton, Plainville 3. Mass Housing Partnership 2019 Annual Report [Mr. LeBlanc arrived at 7:10 p.m.] Ms. Maguire explained Mansfield Crossing currently has two pylon signs along Routes 140 and 495 that are not visible because of the tree growth. She said WS would like to get the board's support on an application to MassDOT requesting permission for selective clearing and trimming along the highway. She said she they will still have to talk to the Select Board and Conservation Commission. Ms. Ashman -Collins asked about moving the pylon signs. Mr. Penney asked about raising them; Ms. Maguire said they would have to be very high. Mr. Cleary noted the airport is nearby, so raising the sign height could be an issue. Mr. Burke said he would rather see selective clearing. Ms. Ashman -Collins said there are no wayfinding signs on the highways for Mansfield Crossing. Ms. Maguire said she would like to have directional signage, but said she thinks signage on the highway can only be for directions to a road or street, not to a business. Mr. Penney said the board has discussed this issue in 2008, and Mr. Flynn was opposed to it when it because he did not want the signage to be visible from the other side of the highway. Ms. Maguire said they are not planning to do a mass tree clearing and said they plan to work with a certified arborist. She said she thinks signage is important to direct people from outside the area to the stores. Ms. Maguire showed the board photos of the newly painted buildings. Planning Board 9/11/19 Mr. Penney asked about the gift certificate kiosk; Ms. Maguire said she would check on that. Ms. Maguire said they are working with MHS students to design the Little Free Library. Mr. Penney asked about the Tesla charging station; Ms. Maguire said she would update the board on the use. Ms. Maguire said they are working with a cinema operator for the empty Sports Authority building and will come back to the board with an application. The board asked Mr. Burke to draft a letter of support to MassDOT for the proposed selective tree clearing. Mr. Cleary suggested adding low -growing vegetation to areas where trees are removed. Ms. Maguire said Mansfield Crossing has lost a couple of potential tenants because they could not guarantee the business's signs would be visible along the highway. The clerk read the public hearing notice Craig Cygawnoski and Ralph Maloon, RIM Engineering and Scott Goddard, Berlin Landing Realty Trust Mr. Cygawnoski explained the proposal for a five -lot cluster subdivision with a 650-foot long road and common open space. The remaining land will be left in the ownership of Berlin Landing Realty Trust and not included in the cluster. Mr. Cygawnoski showed the board the conventional plan, which shows there could be five lots. Mr. Penney asked if Lot 2 is an acceptable lot; Mr. Burke said he thinks it is and the plan establishes the density for five lots. Mr. Cygawnoski said the five lots are outside the 100-foot buffer zones for the wetland areas. Mr. Cygawnoski explained the cluster plan, drainage layouts and proposed grading. He said they were trying to follow the low -impact design guidelines, but because the groundwater is so high, they will have to use catch basins and cul-tee chambers at Gilbert Street because the street is the low point; he said they will not be putting water into Gilbert Street. He said to use swales, they would have had to build up the land. Mr. Maloon explained the existing site has an area at the front that is flat. The rest of the land rises to the back corner and the site flows to the southeast. The low point is at Gilbert Street. The drainage from the front portion will go into advanced drainage systems, which will have extra volume because of the severity of recent storms. The rear portion of the site will have a retention area with two catch basins from the cul-de-sac to a pipe connected to the retention area and then to an outflow, which will put the water into the ground. The retention area will hold the 100-year storm event before it outfalls. Mr. Penney asked if the bottom of the retention basin will allow retention; Mr. Maloon said it will. Mr. Penney asked about maintaining the retention basin. Mr. Maloon said the retention area is designed to dry out, and pointed out there are 2 Planning Board 9/11/19 wetland areas around the back of the site. Mr. Cygawnoski said they will leave an easement between Lots 4 and 5. Mr. Maloon said they will have to decide who will own the common area; if there is a homeowners' association, they will maintain it. Mr. Cygawnoski said the easement will have a gravel base with lawn, so it does not look like a roadway. Mr. Penney asked about sidewalks; Mr. Maloon said they designed it with the low -impact design guidelines in mind, so have not included sidewalks. Mr. Cleary asked what the board has required in the past; Mr. Burke said the board did not require sidewalks on Dutton Drive, a four - lot cluster subdivision on Winter Street. He said that developer contributed to the sidewalk fund. Mr. Maloon showed the board a scenic road plan and explained the three large trees proposed to come down. Mr. Cygawnoski said they would like to remove two white pines at their entrance and a 36" oak in the right-of-way, and propose to replace them in in the grass strip front of the cemetery along Gilbert Street. Mr. Cleary asked if the 14" oaks would be in the way; Mr. Cygawnoski said they would like to trim the lower branches of those trees. Mr. Cleary asked Mr. Cygawnoski to contact the new owners of the Verrochi property to discuss that. Mr. Cleary asked about the cul-de-sac island; Mr. Cygawnoski said the Fire Department asked for the island to be reduced to 84 feet, leaving a 24-foot wide roadway. He said if necessary, they could remove the trees and plant lower shrubs at the front of the island. Mr. Cygawnoski said the Police Department has asked for the road to be one-way around the cul-de-sac. Mr. Cygawnoski said the landowner is looking into how he would like to proceed with the inclusionary housing issue. Mr. Cleary asked about waivers; Mr. Cygawnoski asked if they would need waivers to eliminate the sidewalk and curbing with the low -impact design. He noted they have to use some catch basins and cul-tec. Mr. Burke suggested the applicant list where the plan differs between the low -impact design requirements and standard requirements. Department Head Comments The clerk read memos from Mr. Burke, Engineering, Water, Police, Fire, MMED Mr. Cygawnoski said he added a note to the topsheet about the proximity to the MMED turbine on the western side of the site. Mr. Penney said MMED did a noise study on that turbine and suggested Mr. Cygawnoski make a note of the decibel levels at the property line. Mr. Cygawnoski said they have spoken with the abutter to the north, who has his garage and gravel driveway on this property. He said they had hoped to allow the abutter to leave those items, but because they will have to put a Swale on that property line, that may not be possible. Mr. Burke noted that would be a private party matter. Mr. Cygawnoski said they have moved the septic systems to the front yards of Lots 1-4. Mr. Maloon said they did a lot of test holes and found two -minute perc rates. Planning Board 9/11/19 Mr. Cygawnoski said notes have been added to the plan about adding a grate; changes to tree species; wrapping the stone wall into the subdivision entrance where possible; and the water gates. Mr. Cygawnoski said he has added a streetlight across Gilbert Street, a stop bar and a stop sign at Gilbert Street, and changed the traffic pattern around the island to one-way. Mr. Cygawnoski said he has added a note to the plan about the chamfered edges on the drainage structures. Mr. Maloon said the drainage system will be under sufficient cover to prevent freezing. Mr. Cygawnoski said they have changed the drainage system to be curvilinear and Mr. Alves witnessed the test holes for the drainage system. Mr. Cygawnoski said the reset stone wall will be no higher than 32 inches and the center island has been reduced per the Fire Department's request. Mr. Cygawnoski said they will meet with MMED about the design of the site. Mr. Maloon said the site is at a high point and the water flows away in both directions; they will meet with Mr. Alves about their proposal to prevent the water from entering Gilbert Street. Mr. Cygawnoski said he can bring the trees being replanted back from the existing driveways on Gilbert Street and closer to the cemetery wall to avoid sight distance issues. Mr. C said the plan shows one slope at .003, which he said he will check and correct. Board Comment Mr. Cerretani said it sounds like most of the department head comments have been addressed, but the Town Engineer's comments must be addressed. He said he isn't sure about eliminating the sidewalks and said he would like to talk more about it. Mr. Cleary said the argument for not installing sidewalks on Dutton Drive was that they would not connect to an existing sidewalk on Winter Street. Ms. Ashman -Collins said the low -impact guidelines are intended to reduce impervious surface. Mr. Penney said he would like to see done something to keep children out of the roadway; Mr. Burke said the road could be widened to 24 feet with a 2-foot fog line. Ms. Ashman -Collins said she would be concerned a wider roadway would encourage faster driving. Adam Norwich, 197 Gilbert Street, said the area is wet, and while they do not get much water in the basement now, he said he and his neighbors are concerned about getting water after this construction. Mr. Cleary explained the developer has to show zero additional water leaving the site after construction. Mr. Cygawnoski said groundwater is high, so the lots will be raised. Mr. Maloon said there will be no increase the peak runoff. Mr. Cleary asked about adding some depth to the swale to create a barrier to abutting properties. Mr. Penney said it isn't a surface water issue, it is a groundwater issue. Mr. Cerretani said adding depth to the swale could create more problems. 4 Planning Board 9/11/19 Mr. LeBlanc asked if filling for the road construction would redirect water toward the abutters to the west. Mr. Cygawnoski said they will add a swale to catch that runoff. Mr. Maloon said most of the stone wall is 18" high. A resident asked about the wetland area; Mr. Cygawnoski said they would have to submit plans to Natural Heritage. Mr. Cygawnoski said the wetland lines have been approved and noted this plan shows no work in the 100-foot buffer. Karl Clemmey, Quirk Realty, said he is concerned the water will go south to his property and suggested the board hire an independent engineer to review the plan. He said the groundwater is high there and said the houses will have water. He asked how they went to the Conservation Commission without notifying abutters and said the Conservation Agent has to look at this site. He said the water main has to be looped and asked how that would happen without going through the wetlands. Mr. Cleary asked Mr. Burke to talk to the Conservation Agent and the Town Engineer. Motion: To continue the public hearing to October 9, 2019 at 7:30 p.m. (Penney-Cerretani) All in favor. PASSES Mr. Crugnale explained he has applied to MassDOT for the indirect access permit and is responding to the first round of comments. He said he has secured a single -story, 18,000 square foot medical office building for the site, and the owners want to be on their own lot, as does the hotel, and said he would like to do a Form A plan to create three lots. He said the project is financed, but the medical office and hotel will not commit because of the special permit condition that the traffic light be functional before a certificate of occupancy can be granted. He said he would like to break ground next fall. Mr. Crugnale said the hotel will be a Marriott Fairfield, which would like to break ground in the spring of 2021. Mr. Burke said the special permit requires the light to be functioning prior to getting certificates of occupancy, and noted construction and site walk can be done without the light. [NOTE: The special permit includes the following conditions: Roadway Improvements: 20. The applicant is responsible for the installation of and all costs associated with the following: a.) Signalization of the intersection of South Main Street and Reservoir Street and a southbound left -turning lane from South Main Street onto Reservoir Street; b.) Widening of Reservoir Street and the addition of a dedicated right -turning lane northbound to the intersection of South Main Street; c.) Addition of an ADA-compliant sidewalk on the northbound side of Reservoir Street to the intersection of South Main Street and the addition of a crosswalk at the intersection of Reservoir Street and South Main Street; d.) Addition of a yellow, diamond -shaped informational traffic sign for eastbound traffic on the north side of Reservoir Street reading "Caution Entering and Turning Traffic" no less than the distance from the entrance as required by MUTCD, Planning Board 9/11/19 21. All signalization changes, including fixtures, turn signals, timing of same, striping or restriping of travel lanes and traffic signage must be done in accordance with the requirements of the Massachusetts Department of Transportation Indirect Access Permit; 22. The preceding two conditions, 20 and 21, of this special permit shall be completed prior to any certificate of occupancy being granted on this site; Mr. Crugnale said he has submitted everything to MassDOT and will answer their first round of comments this week. He said he expects two or three more rounds of comments, and MassDOT has told him approval will likely be in June or July of 2020, but they also said they would not be able to install the light until after the Xfinity concert season has ended Mr. Crugnale introduced David Bucce, developer for the medical office, who explained his client would like to be able to get a certificate of occupancy to open their business if the traffic light is not functioning. He said the actual construction of the traffic light will not take that long; the issue is the approval process, which can take 6-9 months. Ms. Ashman -Collins asked if Mr. Crugnale plans to ask for a temporary certificate of occupancy for the medical building. Mr. Burke said he doesn't have a problem with the issuance of a certificate of occupancy for the medical building, but would be concerned about a certificate of occupancy being issued for the hotel without the traffic light. Mr. Crugnale said he will install the traffic light, it is just a question of the timing. Mr. Cerretani asked about a revised traffic study for just the medical office. Ms. Ashman -Collins asked about the risk of the traffic light not being approved by MassDOT; Mr. Burke said he has never seen MassDOT not approve a traffic light, it is just a time- consuming process. Mr. Crugnale said they would like to break ground this fall for the hotel, do the underground and utility work, and start construction in the spring of 2020 so they can open in the spring of 2021. Mr. Cerretani said he doesn't think the medical office would uWhave as much of an impact on traffic as the hotel. Mr. Cleary said changing condition 22 of the special permit would not eliminate the requirement to have the traffic light installed; Ms. Ashman -Collins said she thinks having the medical office building before the traffic light is functioning would be an acceptable risk. Mr. LeBlanc asked if dividing the property in to three separate properties would impact the special permit. Mr. Cleary said each use would have to show adequate parking. Mr. Bucce said everyone would be responsible for their own parcel, but they would all be tied together. He said the whole development would have covenants and restrictions by which everyone would have to abide, so the businesses will have to work together. Planning Board 9/11/19 Mr. Penney said removing the ability to withhold the occupancy permit is tricky, because that is the building inspector's leverage to ensure all the work is done. He said there is an existing traffic issue there, which Mr. Crugnale has tried to address. Mr. Crugnale said he will install the turning lane on South Main Street before the traffic light goes in. Mr. Penney asked if part of the property would be sold to the medical office; Mr. Crugnale said it would be. Mr. Penney said he would be uncomfortable removing the restriction, but said he is willing to work with Mr. Crugnale on the issue. Mr. Cruganle said the traffic light will be installed, but he does not want to lose the medical office, which he said will make the development better than the originally proposed retail. Mr. Penney asked about a possible compromise. Mr. Burke suggested having Mr. Crugnale post a bond for the value of the light; hire a traffic detail if necessary; do a traffic study for just the medical office, which he said will generate less traffic. Mr. LeBlanc asked if the change would impact the requirement for the certificates of occupancy for the other buildings. Mr. Cleary asked if the building inspector can withhold a certificate of occupancy. Mr. Burke said if the building is complete and life safety issues are addressed, he cannot withhold a certificate of occupancy. However, he said the conditions of the special permit supersede those issues. Mr. LeBlanc asked about tying the bond to the installation of the medical office occupancy, but tying the certificates of occupancy for the other buildings to the actual installation of the traffic light. Mr. Penney suggested the board could revise condition 22 to exclude the 18,000 square foot medical building. He said the medical office would probably not be open in the evening when Xfinity Center is open. Mr. Bucce said the medical office wants the traffic light to be installed; Mr. Crugnale said it is part of his loan documents. Mr. Penney asked what Mr. Crugnale is spending on the traffic light installation; Mr. Crugnale said it is close to $500,000. Public Comment Roberta Rinegold, 15 Reservoir Street, said she is uncomfortable the board approved a plan and now the developer has changed the tenants and is asking to compromise the integrity of the board's approval. Mr. Penney said he thinks the medical office will be a much better neighbor than a retail use. Ms. Ashman -Collins said the developer would have been required to return to the board when he had tenants, so this is part of doing what his is supposed to do. She said she understands the neighbors' concerns about incremental changes. Ms. Rinegold asked about the impact on taking a left out of Reservoir Street; Mr. Cerretani said the light will allow left turns from Reservoir Street. Mr. Cleary said the Police Department would determine whether left turns will be allowed during concert events. Robert Mendes, 15 Reservoir Street, said with or without a concert, left turns are a problem in and out of Reservoir Street. He said the stacking lane is 40 feet long, which is 4-5 cars. He asked how many doctors there will be; Mr. Bucce said the plan is for three medical practices. Mr. Mendes said with appointments lasting 7-15 minutes, there would be a significant turnover. Mr. Planning Board 9/11/19 Mendes asked if the restaurant is gone from the plan; Mr. Crugnale said not necessarily. Mr. Cleary said the board can only look at the plan in front of it. Mr. Bucce said they have spent a lot of time with a particular medical practice, who want to be in this area. Sheila Ianello, 15 Reservoir Street, said she thinks this change would be a good thing for the community. Rick Hoffman, 15 Reservoir Street, said the street is very narrow and this plan would effectively narrow the road further. Ms. Ashman -Collins said the plan shows the roadway right-of-way, not the paved way. Mr. Cleary said the roadway will not be narrowed. Mr. Hoffman asked if snow would be piled along the edges of the parking spaces and impact sight distance or be removed by trucks. Mr. Cleary said that issue was discussed during the special permit public hearing; Mr. Cerretani said if the snow is piled to the point it is unsafe, the Police Department would get involved. Mr. Hoffman said taking a left out of their property is difficult because of a slight hill on Reservoir Street and he is concerned this development will exacerbate that problem. He said he is concerned there has not been enough thought given to the residents of 15 Reservoir Street and the people who work in the building on the corner of Reservoir Street and South Main Street. Mr. Burke suggested the board could make a minor modification to the special permit for a specific building for a specific use and suggested a motion could find that the minor modification is based on the information presented tonight that the proposed retail use has been eliminated and replaced by an 18,000 square foot medical office building, and based on that fact and the applicants' presentation, and for that one building and one use alone, Condition 22 can be amended to find a certificate of occupancy can be granted to the 18,000 square foot medical building prior to the traffic light being installed. Mr. Penney said he would like to see a letter from the applicant asking for a modification to the special permit and explaining the request. Mr. Bucce said he would feel comfortable going back to his client and telling them that as long as Mr. Crugnale formally requests the modification, the board will be comfortable. He said their intention is that when their building is completed, the site will have to look pristine. Linda Fleishman, 15 Reservoir Street, asked what the turnaround time would be for the board's approval if Mr. Crugnale provides the board with a letter. Mr. Cleary said it would have to be done at a posted meeting, which will be September 25. Motion: To agree, in principal, to the division of the lot into three lots, Lot 1, 2 and 3, based on the plan titled "Commercial Development 10 & 30 Reservoir Street Mansfield, MA," dated June 19, 2019 and prepared by RiverHawk Environmental, as submitted at the September 11, 2019 Planning Board meeting (LeBlanc -Ashman -Collins) Mr. Burke noted the applicant will have to file a Form A plan to separate the lots. Planning Board 9/11/19 Mr. Penney asked if this has been done before. Mr. Burke said it has not, but said he is comfortable with the board's motion to agree in principal to the lot division. All in favor. PASSES Motion: To grant a minor modification to the 10 & 30 Reservoir Street special permit condition 22 to allow the Building Inspector to grant a certificate of occupancy for the 18,000 square foot medical building shown on the plan titled "Commercial Development 10 & 30 Reservoir Street Mansfield, MA," dated June 19, 2019 and prepared by RiverHawk Environmental, as submitted at the September 11, 2019 Planning Board meeting without regard to whether or not the traffic signal has been installed. (Ashman-Colllins-Cerretani) Four in favor. Penney opposed. PASSES Mr. LeBlanc suggested the board discuss a process for dealing with things like this in the fixture. Ms. Ashman -Collins said she would not have voted on the issue if she was not comfortable with the modification. Mr. Penney suggested requests for minor modifications be submitted in writing by the applicant, along with a plan, so the board can have time to consider it. Ms. Ashman -Collins said the issue was one of timing with the MassDOT permitting. 4. September 11, 2019 letter from Douglas Annino, Annino Associates re minor modification to 1 Mansfield Avenue special permit Mr. Burke said there is a new property owner, who is proposing a kitchen, community room, fitness center and storage in the vacant first floor space. The space currently has an unfinished floor, so this would allow some activity in the space, rather than being vacant. Mr. Cerretani asked why the space has not been rented; Mr. Cleary said he thinks part of the problem is the appearance of the MBTA construction yard across the street. Mr. Burke said the space does not have a grease trap and proper ventilation above; he said those things were shown on the plan and the space framed for restaurant space, but it was not built according to the plan. Ms. Ashman -Collins said she is not sympathetic to this issue and she would not have voted for the special permit without the commercial space. Mr. Burke said the new owners wanted to put apartments in that space, and the told them not to propose that to the board. Mr. Penney said he would be reluctant to go along with storage on the first floor. Mr. Burke said he likes the idea of putting something in that space. Ms. Ashman -Collins said approving this modification would take the pressure off the owners to ever put a business in that space. Mr. Burke said he thinks if the owners had a real tenant, they would change it. Mr. LeBlanc asked if the other commercial spaces are rented out; Mr. Burke said they are. Mr. LeBlanc asked if the empty space could be further divided; Mr. Burke said it could. Mr. Cerretani said he thinks the owners could get more creative and make the empty space work. Mr. Penney asked about professional offices; Mr. Burke said that would be an allowed use. Mr. LeBlanc said he thinks the narrow nature of the space limits the rental options; he suggested the board look at requiring first floor commercial space to be wider in the future. He said the board worked on this special permit for a long time and he does not support the proposed change. Ms. Ashman -Collins said they could put temporary uses like art installations or exhibits for the National Black Doll Museum to help activate the space. Planning Board 9/11/19 Motion: To find this is not a minor modification, that the proposal goes against the intent of the 1 Mansfield Avenue special permit and to deny the minor modification to the special permit (Ashman -Collins -LeBlanc) All in favor. PASSES The date of Special Town Meeting has not been set at this time. Small Cell 115G" (Zoning By -Law) Mr. Burke said MMED has a by-law covering the technical aspects of this new technology, and the draft Zoning By -Law would cover aesthetic issues. Mr. Burke said 5G antennae can be mounted on things like telephone poles or traffic signal arms; each unit has a control cabinet, which would not obstruct sidewalks. Mr. Burke said MMED is currently dealing with one application. He said there will likely be more applications submitted, partly because of the large number of people using data at the train station. Heritage Trees (General By -Law) Mr. Burke said this would be an amendment to the Scenic Road General By -Law and would provide special consideration to the protection of large trees. Window Wrap (Zoning By -Law) Mr. Burke said window wraps are becoming more common; they provide privacy and reduce energy costs, but still allow sunlight. The by-law would provide guidance for the graphics allowed on the wrap. Mr. LeBlanc said he does not think works should be allowed on the wrap, otherwise, they would be an advertisement and a sign. Mr. Penney suggested looking at regulating truck signs. Consensus was to submit the 5G Zoning By -Law article for 2019 Special Town Meeting. Ms. Ashman -Collins told the board about the Fall Festival to be held at Fulton's Pond on October 4 and 5. Mr. Cleary suggested looking at procedures for the low -impact development regulations. None Motion: To adjourn at 10:30p.m. (Penney-) All in favor. PASSES Master Plan Committee Meeting: September 18, 2019 PlerkA card Meeting: September 25, 2019 at 7:00 p.m. AL10-g, M eof Date of Approval 10 Planning Board 9/11/19