Loading...
HomeMy WebLinkAboutPlanning 05/29/2019Planning Board Minutes RECEIVED May 29,2019 TC,wM C! r}'iC OFFICE Present: Donald Cleary, Chair; Beth Ashman -Collins, Acting Clerk H Thq asFIjr�c�,3 Michael McClanahan; Alternate Joe Cerretani Ili, f L Shaun P. Burke, Director of Planning and Development; Jennifer Davisl n.ISCtQetrary Motion: To appoint Ms. Ashman -Collins Acting Clerk (French-Cerretani) All in favor. PASSES [Mr. McClanahan left the meeting at this time] Cottage Street/Pleasant Street - The board voted to endorse this plan on April 10, 2019. Due to a typographical error in the "Note" on the plan, the corrected plan must be endorsed. The "Note" has been corrected from "Lots 2A & 3 to be combined to create one lot with a total area of 10,041 S.F." to "Lots 2B & 3 to be combined to create one lot with a total area of 10,041 S.F." No other changes have been made to the plan. The plan proposes to divide the existing lot into two, and to convey a sliver of land, labeled 2B, from Lot 2A to Lot 3. The existing home on Lot 3 will be razed. Lots 3 and 4 will be conforming. Mr. Burke recommended endorsing the plan. Motion: To endorse the ANR (French-Cerretani) All in favor. PASSES [Mr. McClanahan returned to the meeting at this time] 1. May 15, 2019 minutes Motion: To approve as submitted (Cerretani-Ashman-Collins) Four in favor. One abstention. PASSES 2. Public Hearing notices - Attleboro, Easton, North Attleboro, Norton, Plainville, Sharon Motion: To appoint Mr. Cleary Chair (French -Ashman -Collins) All in favor. PASSES Motion: To appoint Mr. LeBlanc Clerk (Ashman -Collins -French) All in favor. PASSES n Owners Wander Rezende and Danna Martini-Rezende were present. Mr. McClanahan did not attend the first session of the public hearing. He said he has read the minutes, feels comfortable participating and submitted the "Certification of Participation" form. Planning Board 5/29/19 Amanda Waldron, 301 Plain Street, said she is concerned dogs will be able to get through the pine fence the applicants are installing and she is concerned about safety. She said she is concerned about the noise the dogs will make and said even small dogs can be dangerous. She said her husband works the night shift and sleeps during the day and is concerned about the dogs being outside all day; she said the noise would negatively impact their lives. She suggested only allowing the dogs to be left outside for portions of the day. She asked if the business would have liability insurance to cover potential problems. She asked if the business has certifications to care for the dogs and to know what breeds will work together and what breeds will not. Mr. French said the applicant will have to have the necessary certifications for the kennel license from the Select Board and as required by the Animal Control Officer. Mr. French said the board was concerned about enforcement and suggested a condition requiring the Building Inspector and the Animal Control Officer to be responsible for complaints, and if there are repeated problems, the special permit could be revoked. He said problems would include things like the neighbors complaining about noise and the dogs not being well-treated. Mr. Cerretani said the applicant told the board she plans to interview the dogs before agreeing to care for them, and if the dog does not work out, she would not allow it to come back. Mr. Cerretam said the applicant also told the board if the dogs are barking outside, they would be brought inside. Mr. McClanahan said the applicant explained the dogs would be supervised at all times. Ms. Waldron suggested the fence be moved to the other side of the property. She said she is concerned about the fence not being strong enough to contain the dogs. Ms. Martini-Rezende said she does not want the dogs to be near the neighbors; she said they plan to put a chain link fence inside the pine fence for safety. Mr. Rezende said they will have an emergency exit through the basement bulkhead. Mr. French suggested placing the fence so there is a minimum of 50 feet from the abutting property line. Mr. Rezende said he can probably put it 49 feet away from the property line. Mr. French said there could be a chain link fence with a gate to get to the bulkhead in an emergency. The board discussed containing the dogs in an enclosed area with a chain link fence a minimum of 45 feet off the easterly abutting property line of 301 Plain Street. Mr. Cerretani said he thinks the applicants want to be good neighbors and are trying to do what they can to continue that. He said if they are not good neighbors and do not uphold the conditions of the special permit, they could lose the special permit. Ms. Ashman -Collins said the animal control officer should opine on whether the fence is adequate to contain the dogs. Mr. Rezende said their goal is not to have dogs on Saturdays, but they want the option in case people need care. Planning Board 5/29/19 Ms. Waldron asked how the board will know if the fence is installed properly; Mr. Cleary said the Animal Control Officer will inspect the facility. Motion: To approve the Special Permit application pursuant to Mansfield Zoning By -Law Sections 230-5.5, Special Permit and 230-3.5.11, Kennel, relative to the application of Wander Rezende and Danna Martini-Rezende for Special Permit approval to allow a dog kennel/doggy day care on an approximately 3 0,00 8 square foot parcel in the Residential 1 (Rl) Zone at 305 Plain Street (Map 1, Parcel 111) with the following conditions: 1. "Plan Showing Existing House 305 Plain Street Mansfield, Massachusetts" dated February 25, 2019, prepared by Dunn -McKenzie, Inc. and hand -revised and agreed upon by the applicant at the May 29, 2019 Planning Board meeting to show the "Permissible Dog Care Area" is 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 applicant shall be required to get a kennel license from the Select Board; 3. The facility shall be inspected by the Mansfield Animal Control Officer as required by his/her regulations; 4. The outdoor dog care area shall be fenced with a chain link fence, height as determined by the Mansfield Animal Control Officer. The fence shall be a minimum of 45' off the easterly abutting property line of 301 Plain Street; 5. The outdoor dog care shall be limited to the "Permissible Dog Care Area" as shown on the "Plan Showing Existing House 305 Plain Street Mansfield, Massachusetts" dated February 25, 2019, prepared by Dunn -McKenzie, Inc. and hand -revised by the applicant at the May 29, 2019 Planning Board meeting to show the "Permissible Dog Care Area;" 6. The above -referenced plan shall be amended to show a gravel driveway turnaround to prevent vehicles from backing out of the property onto Plain Street; 7. Any changes to the plans shall be made within the 20-day appeal period; 8. This special permit to allow a dog kennel/doggy day care on an approximately 30,008 square foot parcel in the Residential 1 (RI) Zone at 305 Plain Street (Map 1, Parcel 111) is issued to the applicants, Wander Rezende and Danna Martini-Rezende; 9. No dogs shall be boarded/kenneled overnight; 10. No signs advertising the dog day care business shall be placed on site; 11. Hours of operation for the dog day care shall be 7:00 a.m. to 6:00 p.m. Monday through Friday and 9 a.m. to 4 p.m. Saturday. The facility shall not operate on Sunday; 12. This special permit shall limit the number of dogs allowed on the property at one time to ten (10). This number shall include the landowners' dogs; 13. Upon arrival, staff shall meet the customer at their car, secure the dog on a leash and bring it inside. Upon departure, staff shall secure the dog on a leash and bring it to the car; 14. No dog being cared for at the dog day care shall weigh more than 35 pounds; Planning Board 5/29/19 15. All dogs are to be supervised at any time when they are outside; 16. If dogs are barking outside, they shall be brought inside immediately; 17. Any complaints shall be addressed by the Building Inspector/Zoning Enforcement Officer and the Animal Control Officer. Repeated complaints may result in the revocation of this special permit; 18. Any changes to the plans shall be made within the 20-day appeal period; 19. 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; 20. 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 a new site plan to be submitted and reviewed by the Planning Board. (French -McClanahan) Cerretani — In favor. The benefits outweigh the detriments, the conditions will help address neighbors' and board's concerns, and I hope the applicant takes them seriously. The noise and fencing issues are important for the applicant to be a good neighbor, and I hope they follow through. Plain Street is a busy street and adding the turnaround driveway will help with traffic issues. There is a need for this use in town, and with the conditions, I think it will be a good thing. French — In favor. The vehicular access issue will be addressed with the driveway improvements, the revised plan for the dog care area will mitigate the impact on the neighborhood, there are adequate municipal services, an economic benefit, and the permit as drafted will help protect the neighbors. Ashman -Collins — In favor. The benefits outweigh the detriments. Issues with health, safety, convenience and general welfare have been addressed, care will be taken to address noise as it may impact the neighborhood, there are adequate municipal facilities and the fiscal impacts will be positive. McClanahan — In favor. The benefits outweigh the detriments, the traffic issue will be addressed with the driveway turnaround, and I think the conditions will help protect the neighbors. Cleary — In favor. The driveway turnaround will help with traffic issues, and I think the special permit conditions will help address the neighbors' concerns. Five in favor. None opposed. No abstentions. PASES Motion: To close the public hearing (French -Ashman -Collins) All in favor. PASSES 4 Planning Board 5/29/19 The clerk read a request to continue the site plan to July 17, 2019. Motion: To continue the site plan for 601/619&621 East Street to July 17, 2019 at 7:15 p.m. (French-Cerretani) All in favor. PASSES modernize the appearance of the property. They will not be changing the f tpade of Kohl's. Mr. McClanahan said he thinks this would give the property a more modern look. Mr. Cerretani said he thinks the light color may age quickly; Ms. Maguire said they are committed to maintaining the site. Ms. Maguire explained they have been working with the Police Department to develop a new plan for site security. They currently have a security guard driving around the property but are proposing a camera system, which she said will make the property more secure. They have talked to the Mansfield Police Department, which will see a live feed and will be able to control the cameras. Mr. Burke said the Mansfield Crossing special permit allows the Police Chief to make a finding about whether or not to retain a security guard on site. He said he has talked with Chief Sellon and Ms. Maguire about this, and he thinks the Police Department would prefer to move to a camera system. He said the camera system could have helped to track down professional shoplifters a few weeks ago. Mr. Burke said he appreciates WS working with the Police Department. Ms. Maguire said the camera system will store video for two weeks. Mr. Cerretani asked if the new regional dispatch center would be able to view the video; Ms. Maguire said it would. Ms. Maguire said the system will have license plate readers at the entrances/exits. Ms. Maguire said they have worked closely with the Police Department and continuing that relationship will help their plans year-round. Ms. Maguire said she doesn't think they have a safety problem, but said this is a hefty capital investment, which she thinks will pay off in the long -run. Mr. Cerretani asked if this will help with vacancies. Ms. Maguire said she hopes the new Amusement definition and by-law will help fill their empty spaces. Mr. French asked if there has been any discussion about a Route 140 entrance/exit to the site. Mr. Burke said there has not. Ms. Maguire said they would like to have a second access. Mr. Cleary said it might be worth bringing it up with the state. Mr. McClanahan said the second access would help with public safety help by rerouting traffic from School Street. The board discussed the tree growth blocking the signs on the Route 140 side of the site. Ms. Maguire said she will be meeting with the Conservation Agent to walk the pond. Planning Board 5/29/19 Mr. French asked if anything has been done about the sidewalks in Forest Park being by tree roots; Mr. Burke said there has been no action on that issue. Motion: To adjourn at 8:20 p.m. Next Planning B and Meeting: Signature of Clerk ) All in favor. June 12, 2019 at 7:00 p.m. Date of Approval Planning Board 5/29/19