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HomeMy WebLinkAboutPlanning 10/23/2019Planning Board Minutes RECEIVED October 23, 2019 il)``N CLERKS 0 FICE Present: Donald Cleary, Chair; Richard LeBlanc, Clerk; Beth Ashman-CoWfT,,8glq�PeXj3) 00 Michael McClanahan, Joseph Cerretani; Sharon Friedman, Alternate Shaun P. Burke, Director of Planning and Development; Jennifer Davis, Admire A� tiy'e 1 E L D Secretaryc.S A,r-,GHUI E i��t.,,..,r.�STTS Motion: To appoint Ms. Ashman -Collins Acting Clerk (McClanahan -Penney) All in favor. PASSES Minutes October 9, 2019 p. 3, 2d para — to regulate "things" Motion: To accept as amended (Cerretani-McClanahan) Six in favor. Friedman abstained. PASSES Public Hearing Notices — Easton, Plainville The board discussed the October 19 Master Plan Open House; Mr. Burke said about 218 people signed in at the event. Ms. Friedman said she thought the format of the open house was conducive to discussion. Mr. Burke said the goal was to get as much public participation and comment as possible and he thinks it was very successful. Mr. Cleary said the MBTA is offering a ride service called TransLoc from the commuter rail station, which is currently free. Mr. Cleary asked when the platform work will be done; Mr. Buke said that is supposed to be done in November. Mr. Penney asked if there is anything new on the northern access to the commuter rail parking lots; Mr. Burke said he thinks it will still happen, and the town is moving ahead with the design for the roundabout and crossing. There are also land swaps and easements to be worked out, and it would probably be four to five years before it will be completed. Mr. Burke said Special Town Meeting will be November 5; the board's zoning article on "5G" is Article 12. Mr. Penney said he has spoken with Lt. Archer, who he thinks would be a good resource on that technology. Mr. Cleary reminded the board of the October 30 Planning Board meeting at 6:30pm for the public hearing for the citizens' petition billboard article, followed by the Master Plan Committee meeting. Minutes July 17, 2019 Motion: To accept as submitted (Penney -Friedman) Four in favor. McClanahan, Cerretani, Cleary abstained. PASSES The clerk read the public hearing notice. There was no applicant representative present. Planning Board 1 10/23/2019 [Mr. LeBlanc arrived at 7:20 p.m.] The public hearing was tabled until 7:30 p.m. Mr. Burke said he hopes to have something from the consultant for the October 30 Master Plan meeting. Mr. Cerretani said there were a lot of new faces at the open house; Ms. Friedman said she thought there was a good cross-section of recent and veteran residents. Mr. Burke said 44 Cabot Boulevard will be requesting an extension of their special permit. Mr. Cerretani said APR on Central Street has recently sold; Mr. Burke said the new owners plan to use the existing building and some outside storage. Motion: To continue the 283 Gilbert Street scenic road to November 13, 2019 at 7:05 p.m. (McClanahan -Penney) All in favor. PASSES conducted. Attorney Edward Valanzola explained the application for a recreational marijuana establishment at 321 School Street, in the space formerly occupied by Orange Leaf frozen yogurt. He said the site is over 500 feet from any school or day care center. They have looked at the issues the board will consider under the special permit by-law and believe they have addressed all the issues. Attorney Valanzola explained the applicant has already entered into a Host Community Agreement with the town for a retail marijuana establishment at this location, which will include payments to the town from gross revenues and donations to local charities. Attorney Valanzola introduced reLeaf President Connor McLaughlin; Chief Security Officer Michael Allen; Stephen Farr and Nijdeh Haven, Nitsche Engineering; Jason Sidman, real estate consultant; Tom Pozerski, Merrill Engineering; Attorney Frank Sciacca, Counsel to reLeaf Mr. McLaughlin, explained they are seeking a special permit to open an adult use retail marijuana dispensary in an existing, approximately 3,000 square foot space at 321 School Street. The vestibule will be expanded to accommodate people waiting to enter the business and to avoid having people waiting outside the building. There are 201 existing parking spaces for the plaza. Mr. McLaughlin said they plan to have a variety of products and services and said 50% of consumers use non-traditional marijuana products. Mr. McLaughlin said they plan to do community outreach meetings, will have educational materials on site and staff will be trained to greet customers on the safest uses of the products. Planning Board 10/23/2019 He said they are in a strong financial situation, have no outstanding debts and work with a credit union that allows recreational marijuana business deposits. Their deposits will be carried by courier services. Mr. McLaughlin said they have a guaranteed supply through Sanctuary Medicinals, a 35,000 square foot cultivation facility in Littleton, MA. He said all their product is delivered pre -packaged with bar codes to track the items. The business plans to donate 100 volunteer service hours in the community and plans to offer jobs to Mansfield residents first. Mr. McClanahan asked if there will be any odor; Mr. McLaughlin said nothing is opened within the store, and no consumption will be allowed in the store or the parking lot, so there will be no odor. There will be security personnel to prevent consumption in the parking lot. Mr. Penney asked if they can refuse service to customers; Mr. McLaughlin said they have software to help control who comes and goes from the facility, and who is not allowed. Security Mr. Allen, a former police officer and police chief in Rochester, NH and reLeaf s chief of security, explained he learned about this business when a cultivation facility opened in his community and management worked with his department to develop their security plans. He said he has met with the Chief Sellon, Deputy Chief Ellsworth and Lt. Bain to talk about the security plan. Mr. Allen explained customers will enter the expanded vestibule, their identification is checked to ensure they are 21 years of age, the identification is verified through an electronic scanner, which can detect if the id has been altered. He said the company wants to make sure the products do not get into the hands of someone under 21. Mr. Allen explained no one will be allowed into the facility if they are under the influence of alcohol or drugs, or if there is any indication they intend to supply the product to people under 21. He said they intend to adhere to the sale amount limits, and the technology will also track the identification. They will have the ability to ban customers from the facility. All retailers have a "seed to sale" system to report to the state. Mr. Allen said he has suggested to communities with more than one dispensary they use the identification verification systems to link the stores to prevent people from buying more than the allowed daily limit. Mr. Allen said the facility will have an electronic access door, so people will not be able to walk into the sales floor without being escorted. When people enter the facility, they will be guided throughout to the sales area. "Level 3" places like the vault, where cash and product are kept, will be very secure. He said he is certified in "crime prevention through building design," a program designed to reduce the possibility of a crime occurring; those principals have been used in the security plan and in the design of the facility. Mr. Allen said the camera system is one of their biggest assets because it provides complete camera coverage and gives the Police Department eyes on the facility at all times. Police Officers could also have an app on their phones so they can view the cameras. Mr. Penney asked about security in the parking lot; Mr. Allen said they will practice situational awareness inside Planning Board 3 10/23/2019 and outside the facility. The Police Department will also be able to remotely view the cameras in the parking lot. He said there will be signage at the door letting people know the area is under video surveillance, and signage to prevent loitering and consumption in the parking lot. Mr. Allen said there will be on -site security inside and outside the facility. Mr. Penney said he is concerned about people using the products in the parking lot, then driving. Mr. Allen said he thinks their security system will prevent that. He said he has been involved in 20 facilities around the Commonwealth, and thinks they have learned from the mistakes of the first few that opened. He said they have contingency plans in place to mitigate issues that might happen upon initial opening, including requiring customers come by appointment only. He said stores that opened using an appointment systems found they did not need them after two to four weeks. He said one of Chief Sellon's concerns is traffic; Mr. Allen said the appointment system has been successful in traffic mitigation in other communities. Mr. Allen said they will always have an unarmed, uniformed officer on site during operating hours and will have Mansfield Police Department officers on detail at the beginning. Chief Sellon has also been concerned about officer availability, especially during Xfinity and Gillette events. He said they will have a general idea of how to control traffic, but want to be flexible about when to make changes. He said he plans to meet weekly with Chief Sellon to assess traffic and crowds. Mr.Allen said the proposed hours of operation are 10:00 a.m. to 10 p.m., seven days a week. Mr. Cerretani asked if state law prohibitshours of operation; Mr. Allen said it does not. Mr. Allen said the alarm system will include panic alarms, motion detectors and broken glass detectors. He said the state requires the safety system, so this site will be very secure. Mr. Allen explained transportation of product is important, and said they will probably have two deliveries a week, which will come in a low -profile van with no advertising and no windows. There will be two agents delivering the product, and the vehicle has gps, secure communications, panic alarms and a secure vault. The delivery routes, days of the week and time of the day will be randomized. Mr. Penney asked the value of a delivery; Mr. Allen said it would be significant. He said there have been no attempted robberies since medical marijuana or recreational marijuana became legal in the Commonwealth. Mr. Cleary asked if deliveries would be made through the front or back of the building; Mr. Allen said deliveries would come to the back. They will notify the Police Department of the deliveries so they can watch the delivery being made on the camera; Mr. Allen said their security does a sweep of the area before the delivery and has the ability to stop a delivery. Mr. Cleary asked if there is a fence behind this property; Mr. Burke said there is fencing all along the train tracks. Mr. Cerretani said they would have to work with the property owner about impacts on the neighboring businesses; Mr. Allen said they plan to meet regularly with the business community and have a staff member act as a contact person. Mr. McClanahan asked if someone with a medical card can use this facility; Mr. Allen said they could use their medical card to get discounted product at the store. Planning Board 4 10/23/2019 Mr. McLaughlin showed the board the layout of the facility, including the vestibule with reception desk. They plan to have 12 sales terminals and staff on the floor to assist customers. Security will be inside the building, the exterior glass will be frosted per state code so people cannot see inside, and the building exterior will have no advertising other than the reLeaf logo. After they get through security, customers will be met by staff inside. Mr. LeBlanc asked about people trying to enter at the same time as another customer; Mr. McLaughlin said there will be security between the inside and outside doors, as well as panic alarms. The vestibule can fit 35 people, but only 15-20 people can fit in the retail space. On days they expect higher volume, they plan to require appointments. Mr. LeBlanc asked how people are checked before they get inside; Mr. McLaughlin said the receptionist and id scanner are in the vestibule to check ids before people are allowed inside. Mr. Cerretani asked if people are buzzed out at the exit; Mr. Allen said there is a door into an exit vestibule, and a second exit door to outside. He said the double exit doors are to prevent people from entering that way. He said people trying to get that way in while others were leaving would not be able to access the building because the door will have a "crash bar" that only opens from the inside. Mr. Allen said the back area contains the vault for product and cash, office space and bathrooms. Mr. Allen said there will be product on display in locked cabinets behind the cash registers, which will be removed upon asale. There will be no product displayed on the retail floor. Parking and Traffic Steve Clark, Nitsch Engineering, explained the parking plan, based on the ITE manual. He said the land use code for a retail marijuana store of this size would require 23 parking spaces. There are 201 existing parking spaces in the plaza. He said they do not want to have staff take up those spaces, so they plan to have staff park off site. Mr. Cleary asked if the number of parking spaces required in the original special permit will be sufficient. Mr. Burke said he thinks it will be because this is still a retail use. Mr. Clark said they looked at four intersections around the plaza: School Street/Route 140; School Street/Mansfield Crossing north (main, signalized) entrance; School Street/321 School Street driveway; and School Street/Mansfield Crossing south (secondary, unsignalized) entrance. They did traffic counts in April, looked at turning movements and existing traffic volumes, and adjusted seasonally. They inflated the counts by 1 % per year for seven years and added in trips from the proposed site using the ITE manual. Mr. Clark noted they are not adding a new store, but are replacing a store that was already there. He said the proposed weekday trip estimate for the marijuana store is slightly higher than the frozen yogurt store, at about 59 more trips. Mr. Clark said the Levels of Service for the four intersections remain the same with the proposed use, so new traffic signals are not warranted. Mr. Cerretani asked about taking a left out of the parking lot onto School Street; Mr. Clark said he understands that is a difficult turning movement, but said none of the intersections meet the warrants for a new signal. He said the warrant for crashes is 5 or more crashes in any 12 month period; one of those four intersections met the warrant in its first year with seven accidents, with four or five a year since then. He said with the existing signalized intersection at Mansfield Planning Board 5 10/23/2019 Crossing, adding another one could actually increase congestion and delay rather than help. Mr. Penney said the board had been concerned about the intersection with the original plaza; Mr. Burke said the updated traffic report from the original developer came to the same conclusion. Mr. Penney asked how long a customer would stay in the store; Mr. McLaughlin said between eight and ten minutes, but some customers pre -order through the website and some customers could be done in five minutes. He said the online customers will have to go through the same security process when they arrive. Ms. Friedman said the traffic study indicates traffic at the unsignalized site driveway intersection is a bit higher than the state average and this facility will generate more traffic than the ice cream store. She asked why the intersection wouldn't be signalized to avoid crashes. Mr. Clark said adding another light so close to the existing light may increase congestion. Ms. Friedman asked if the traffic signals could be synchronized; Mr. Clark said that would not help the congestion, and adding another red light could back traffic up further. Mr. Cleary said a new light could be an "as -needed" light when someone is trying to turn left out of the site. Mr. Clark said that might work during off-peak, but during peak hours, two lights could back traffic up more. Mr. Burke said he shares the concerns about causing additional traffic backups and suggested one of the things the town could consider is lowering the speed limit from 40 mph to 30 mph. Mr. McLaughlin said they are considering donating a speed trailer with a digital display to the Police Department, which could be moved around. Mr. Allen said those boards can also collect traffic data and could have a message board. Mr. Cerretani said during peak hours, there will be parking issues and asked about the off -site parking proposal. Mr. McLaughlin said on key traffic days, they are thinking it would be best to use an appointment system rather than having customers park off site. They will have a parking lot security plan with parking lot attendants. There will always be someone at the front of the building, and on event days, they will have three staff outside to direct traffic into the parking lot to avoid backups on School Street. Mr. McClanahan asked if the traffic plan would impact the customers of neighboring businesses; Mr. McLaughlin said attendants can direct traffic around the building. He said their busiest times are between 7pm-1 Opm. He said they are working with the plaza owner to identify parking spaces for this business. Mr. Cerretani asked if the plaza owner owns both of the buildings and the parking lot; Mr. McLaughlin said he does. Mr. Burke suggested adding signage directing people to reLeaf parking spaces. Mr. Penney said he thinks one of the town's biggest concerns is about this business during Xfinity events. Mr. McLaughlin said they would have appointment only on those days. Mr. Valanzola suggested the Police Chief be able to review that issue. Mr. LeBlanc asked how people would know it is an appointment only day; Mr. Valanzola said the website and app would update that information. Mr. McLaughlin said they would check whether people coming into the parking lot have appointments, and if they do not, staff can advise them when to return. Ms. Friedman asked about the busiest times. Jason Sidman, CEO of retail at the Gardner store, said his busiest day is Saturday and the busiest weekday time is in the evening. Mr. Penney asked if there are regular customers for this type of store, then extra customers on event days. Planning Board 6 10/23/2019 Mr. Sidman said they started with appointment only, but within a week they did not need that system. He said they do about 55 online orders a day. He said he thinks it would be best to work with the Police Department so any special permit conditions regarding appointment only days can be reviewed over time, especially as more dispensaries open. Mr. Burke said there could be a condition similar to one in the Mansfield Crossing special permit about extended hours on Black Friday, which gives the Police Chief the authority to make the decision. Mr. Sidman said there are some customers who do not want to make appointments because they do not want to be in the database. He said he thinks the best thing to do is to work with the community and the Police Department. Mr. Cerretani asked if Mr. Sidman scans identification; Mr. Sidman said they use the same system Mr. McLaughlin plans to use. He said the door into the dispensary has security, which uses the system to scan the ids, then allows people into the door. Mr. Valanzola suggested a special permit condition for days of Xfinity events may include the fact that some events are aimed at younger people and would not impact this business, so those days may not need to be appointment only. He suggested leaving it up to the Police Chief. Mr. Allen said he has spoken with the Chief about this issue, who said he supports the appointment only system, but is concerned about the logistics of off -site parking. Department Head Comments The clerk read memos from Conservation, MMED and Water. Lt. Roy Bain, Mansfield Police Department, said his department has had a number of conversations with the applicant, who has already addressed a lot of the issues they had. He said they have discussed the practicality of shuttling customers; he said he thinks it will be easier to manage traffic on the site and to use appointment only days. He said the Police Department is seeking assurances that plans are in place to deal with pedestrians and vehicle traffic on opening day and week. He said the facility cannot have any impact on the public way, so they may need police officers there. Lt. Bain said the Police Department will require that anytime the store is open, a representative of reLeaf at the store has to have the authority to act on behalf of the company. He said reLeaf has proposed continued communication with the Police Department, including weekly meetings, a Memorandum of Understanding to cover the department's concerns and the need to stay flexible as the situation changes. Lt. Bain said an example of the "perfect storm" of traffic will be shows at Gillette, at Xfinity and Cape -bound traffic on Route 495, which could result in no officers being available for details at this site. He said Xfinity has around 40 shows a summer and the lineup changes from year to year, so an annual review is a reasonable idea. He said the town does not know if or when the traffic at this business will taper off and said the Police Department has ways to alleviate the concerns, but unexpected things will come up and he thinks the business and the department can work through them with clear communication. Lt. Bain said he thinks speed trailers with message boards would help with traffic inbound on School Street. He suggested finding out what will happen at the site before planning for a traffic Planning Board 7 10/23/2019 signal. Mr. LeBlanc asked if the message board can indicate "appointment only" days at reLeaf; Lt. Bain said it could be programmed with any message. Ms. Ashman -Collins asked if there are other high traffic days analogous to concert events. Lt. Bain said Black Friday is a high traffic day; Mr. McClanahan asked if there is a detail at the LL Bean driveway then. Lt. Bain said there is a detail there as needed. Mr. Cleary asked if the Police Department has to have a warrant if they have an issue in the schools with marijuana from this store; Mr. McLaughlin said they would not need a warrant. Mr. Sidman said the bar code on the packaging is not specific to a person; Mr. Allen said they would be able to investigate and identify the customer. Mr. Cleary asked what happens if the store's server goes down, the internet is lost or the power goes out. Mr. Sidman said they would have redundancies, battery backup, two on -site servers and could use generator backup. Mr. LeBlanc asked if the information about parking lot incidents or banned customers will be shared with the Police Department; Mr. Allen said it would be. Mr. Cleary asked if that will be tracked and if the board could be informed of the number of incidents; Lt. Bain said it could be. The clerk read a memo from Mr. Burke. Mr. McLaughlin said the store will have between five and 20 staff members. Mr. Burke said the applicant should provide a tabular summary of conformance to the parking requirements. He said he had originally suggested a new traffic signal, but now thinks at afternoon peak, another light could cause additional traffic backups. He said he would rather lower the travel speed on the roadway. He said taking a left out of the site will still be a difficult turning movement, but said a lower speed limit will help. Ms. Friedman asked about the Women at the Well Foundation mentioned in the application materials. Mr. McLaughlin said that is a Taunton organization that helps women who have suffered domestic or drug abuse with job assistance. reLeaf will report annually to the state on its involvement with that group. He said they have talked to the Select Board about how to disperse the planned $70,000 annual donation to the town. Mr. LeBlanc asked if the recipients of those donations would be anonymous. Mr. McLaughlin said the educational program he plans to provide to the schools is for the faculty, not the students. Mr. LeBlanc asked about staff training. Mr. McLaughlin explained that through their partnership with Sanctuary, staff will go through a training process on the products and diversion methods. Mr. LeBlanc asked if that is a certified program; Mr. Allen said the state hasn't quite implemented its vendor training. He said he also conducts staff training for workplace violence prevention and emergency preparedness training. Mr. LeBlanc asked how the volunteer hours are tracked; Mr. McLaughlin said he plans to donate 100 volunteer hours annually, and he will come up with a metric to track the hours. He said with the number of employees they will have, he hopes to donate more than 100 hours a year. Planning Board 8 10/23/2019 Public Comment Peter Wiggins, Honorary Mayor of Norton, said the TPC in Norton will host a large event next summer, which will generate a lot of traffic. He said traffic on School Street is fast and he thinks a signal is needed. Scott Feely, 49 Fruit Street, said he was encouraged by the presentation and thinks giving the Police Chief the ability to change the traffic and appointment situation plan as the changes is a good idea. However, he said this location is unique and it is important to remain flexible. Angelina Kerry, Williams Street, said traffic from coming West Mansfield is unbearable and this will create a nightmare for drivers. She said there are too many cars going too fast, the development is too congested and she thinks this is the worst location for this business. Board Comment Mr. Penney asked if anyone on the team has experience selling recreational marijuana; Mr. McLaughlin said Sanctuary has significant experience, and he will be working at the facility. Mr. Penney asked if Mansfield's residents should fear this business coming to town. Mr. McLaughlin said he thinks his business will offer a positive financial impact, good j obs, will draw people to town from other communities and will provide revenue to Mansfield. Mr. Cleary asked about the host agreement versus the special permit. Mr. McLaughlin said the financial terms are in the host agreement, which is good for five years. Mr. Burke said the recreational marijuana special permit would be good for five years and is renewable. Mr. Cleary asked about requiring the applicant to notify the town of a change in management. Lt. Bain said the MOU includes emergency contacts and requires they be updated. He said the Police Department will be meeting weekly with reLeaf management. Mr. Cleary asked about employee salaries; Mr. McLaughlin said tellers will be paid $13-16/hour and managers $50-70,000 annually. He said they are required to hire from areas of disproportionate impact, which Mansfield is, so it will benefit reLeaf to prioritize hiring Mansfield residents. Mr. McLaughlin said because their products come prepackaged, there will be no product in the trash or dumpster. He said they have to take inventories at the beginning and end of the day and make sure they balance with sales. Mr. Allen said there will never be any product disposed of at the site and anything that is returned or has to be disposed of will go back to the cultivation site. Mr. Cleary asked if they will need a food permit from the Board of Health for the edible products. Mr. Sidman said their edibles are not considered food, so do not need food permits. Mr. McLaughlin said they will have a full fire suppression system. Mr. Cleary asked about the challenges at this location. Mr. Allen said challenges include traffic, the unique driveway intersection and special events in the summer stretching public safety resources. He said he believes they have a good plan to address and mitigate those concerns. He Planning Board 9 10/23/2019 said unexpected things will come up, but they plan to have good communication with the Police Department so they will be able to address them quickly. Mr. Burke said the original parking for the plaza was calculated at one space per 200 square feet, so the parking should conform. However, he said he would like to see a parking table showing conformance to zoning. Tom Pozerski, Merrill Engineers, said the whole parcel is 2.91 acres. He said they analyzed the site based on the present use and think they have to prove they have adequate parking for their location. He said they have more than adequate parking and comply with the requirements for parcel size, FAR, open space, dimensional, parking and loading and ADA accessibility. Mr. Cleary said the original special permit was granted for both buildings on this site and asked to see the same kind of calculation for the entire site. Mr. Valanzola said this special permit would not amend the original special permit. Lt. Bain said the town has pole -mounted speed signs that can be moved around and suggested both a trailer with a speed/message board and a stationary speed measuring sign on the School Street approach from West Mansfield would be good ideas. Mr. Allen said the trailer unit can also collect traffic data. Ms. Friedman asked about speed tables; Lt. Bain said traffic volume on School Street is very high and there are other, safer ways to slow traffic. He said speed tables would also be an issue for DPW with plowing. Mr. Feely said CIP purchased a trailer a few years ago, and the applicant's offer to buy one for the town would be a significant donation. Lt. Bain said that sign could do a lot of good for the community at this location or somewhere else in town, and if the Police Department finds there are no traffic issues in a few months, it should be movable. Mr. Valanzola said the "appointment only" should be for the first year for Xfrnity events or extraordinary traffic events and should be at the discretion of the Police Chief. Lt. Bain said events might not only be "concert," so the special permit should not only refer to concerts. [Mr. Penney left at 10:20 p.m.] Motion: To direct Mr. Burke to draft a positive special permit decision with the conditions discussed (Ashman -Collins -McClanahan) Mr. LeBlanc asked if this meets all the special permit requirements; Mr. Burke said it does. All in favor. PASSES Motion: To continue the public hearing to November 13, 2019 at 7:00 p.m. (LeBlanc -McClanahan) All in favor. PASSES Planning Board 10 10/23/2019 Motion: To adjourn at 10:30p.m. Next Planning Board Meeting: October 30, 2019 at 6:30 p.m. / Master Plan Meeting 7:00 p.m. Special Town Meeting: November 5, 2019, 7:00 p.m. —Mansfield High School Auditorium , 3, , a1 � - I-S -),Dl q Signature of Clerk Date of Approval Planning Board 11 10/23/2019