Town Council - Ordinance & Rules Committee

Braintree Town Council MEMBERS Sean Powers, Chairman Committee on Ordinance & Rules David Ringius, Jr, Vice- Chairman One JFK Memorial Drive Charles Kokoros, Member Braintree, Massachusetts 02184 Timothy Carey, Member Charles B. Ryan, Ex-officio April 24, 2018 MINUTES A meeting of the Committee on Ordinance & Rules was held in the Johnson Chambers on Tuesday, April 24, 2018 beginning at 6:30pm. Chairman Powers was in the Chair. Clerk of the Council, Susan Cimino conducted the roll call. Present: Sean Powers, Chairman David Ringius, Jr, Vice- Chairman Charles Kokoros, Member Timothy Carey, Member Charles B. Ryan, Ex-officio Also Present: Joseph Reynolds, Chief of Staff Christine Stickney, Director Planning and Community Development Stephen C. O’Brien, Councilor Thomas M. Bowes, Councilor Carl Johnson, Attorney Melissa Tierney, President, Board of Trustees – Thayer Academy Bill Stephenson, Thayer Academy Michael Joe, Thayer Academy Brian Develis, contractor Robert Dale, Tetratech Nate Cheal, Tetratech There was a moment of silence for all those serving in our armed services, past and present, and the meeting was opened with the pledge of allegiance to the flag. Approval of Minutes • March 20, 2018 Motion: by Councilor Kokoros to approve minutes of March 20, 2018 Second: by Councilor Carey Vote: For (4 - Powers, Kokoros, Carey, Ringius), Against (0), Absent (0), Abstain (0) April 24, 2018 Committee on Ordinance & Rules 1 of 4 • March 27, 2018 Motion: by Councilor Kokoros to approve minutes of March 27, 2018 Second: by Councilor Carey Vote: For (4 - Powers, Kokoros, Carey, Ringius), Against (0), Absent (0), Abstain (0) New Business • None Old Business • 17 067 REZONE: Thayer Sports Center, LLC or take up any action relative thereto Council Order #17-067, a petition submitted by the Trustees of Thayer Academy, a Massachusetts non-profit corporation ("Thayer") to change the zoning classification for portions of the property known as the Thayer Academy South Athletic Campus Fields from Residence B District ("Res. B") to Highway Business District ("HBD"). Carl Johnson, attorney discussed the PowerPoint presentation to the Committee on Ordinance & Rules members and discussed the previously submitted written narrative: The approximately 13.74 acre site is comprised of four (4) lots for illustration that are zoned both HBD and Res. B. All of the Thayer South Athletic Campus Fields lie with the Water Protection Overlay District (§135-609 BZO). The land area within the HBD is predominantly impervious surface- with ledge and hard scape surfaces. Section 135-609 E. Special Permit Use requires a minimum of 30% open space (pervious surfaces) that do not exist in the current HBD land area. Exhibit Plan 2, Proposed Conditions Plan shows the proposed commercial recreation structure with accessory parking and exterior tennis courts. The Proposed Condition Plan also shows the site's wetlands and stormwater detention ponds and facilities. The plan shows the existing off-street parking facilities and parking circulation that connects and provides access to the entire site including the existing play fields. Rezoning the entire site HBD, the proposed Thayer South Athletic Campus will meet the dimensional and density requirements for access, open space and off-street parking. A unified HBD zone removes the need for special permits to cross one zone to serve another zone and landscape buffer 100 foot set back in the transitional area between HBD and residential districts (§135-702). The Flatley deeds and easements require Thayer to maintain the existing storm water detention and underground facilities that service the entire 13.74 acre site. These are registered easements that run with the land. April 24, 2018 Committee on Ordinance & Rules 2 of 4 Due to the wetlands/stormwater detention system and use restrictions on the Lot A and B that the land area must be used for recreation use; there is no potential to develop the property for business use other than the proposed commercial recreation use. Rezoning does not alter the current use of the site for recreation purposes and its playing fields will be available as well as the field house for the residents of the area and community in general; Master Plan for the town adopted in 1998, provides in part, to "favor development strategies that produce secondary benefits to the town in addition to enhance tax base..." The rezone and proposed use as shown on Exhibit Plan 2 enables private development and operation of the facility on Thayer's property. The educational use exemption pursuant to G.L. c. 40A §3 is not available and the field house and accessory parking will be taxable by the Town of Braintree. In addition to the financial benefits to the town the development of an indoor recreational facility, improvements to the turf playing fields and construction of tennis courts as proposed is a further recreation enhancement to the benefit of the general area and the community in general. The rezone allows complete conformity with the towns with current dimensional and use requirements of the zoning ordinances; allow for functional improvements that enhances recreational opportunities of the Thayer Athletic Campus; provides adequate open space and improves storm water management facilities that serve the entire property and adjacent properties; and enables adequate off-street parking facilities with appropriate traffic circulation. These benefits are in addition to the tax benefits derived from a new well-designed recreation use building that is available for use year round. This sports complex would be 1 ½ sheets of ice and other indoor facilities. Carl Johnson stated whatever happened in the past is in the past. We do not want to delay this any further. Councilor Kokoros stated in the 25 years I have been involved in Braintree government there have been many disappointments with Thayer. The core of the issue is Thayer expanded and many properties have come off the tax rolls. There should be a willingness to share. Melissa Tierney, President of the Board of Trustees for Thayer Academy stated we are fully aware of how the last meeting went. The message is heard loud and clear. We submitted a proposal to the Mayor and we will stand behind it and work with the Town. Councilor Kokoros asked if the proposed area can be restricted all for recreational use and put on the tax rolls. Carl Johnson, attorney stated you can deed the use. He stated the Field Use Agreement and other agreements are with the Mayor right now. Councilor Kokoros stated thank you for listening to our concerns and having the Neighborhood meeting. April 24, 2018 Committee on Ordinance & Rules 3 of 4  Brian Develis, contractor stated we are committed to more civic minded ideas also. This would include boy scout sleepovers and learn to skate. September through April we book ice time. We begin to book this time of year for the upcoming season. I can go somewhere else to open the doors. Councilor Kokoros stated there is a councilor who cannot attend and would like to be in attendance for the vote. Melissa Tierney stated I would like to meet to understand concerns and questions. Councilor Kokoros stated Motion: to recommend to the full Council to continue the Public Hearing to June 5, 2018. This motion includes in good faith to vote positive and it is the prerogative of the O&R chairman to have an additional meeting if he so wishes. Motion: by Councilor Kokoros Second: by Councilor Ryan Vote: For (4 - Powers, Kokoros, Carey, Ryan), Against (1 - Ringius), Absent (0), Abstain (0) It was unanimously voted to adjourn the meeting at 7:40 p.m. Respectfully submitted, Susan M. Cimino Clerk of the Council Documents provided for Meeting • 17 067 REZONE: Thayer Sports Center, LLC or take up any action relative thereto April 24, 2018 Committee on Ordinance & Rules 4 of 4