Town Council - Ordinance & Rules Committee

Braintree Town Council MEMBERS David Ringius, Jr, Chairman Committee on Ordinance & Rules Steven Sciascia, Vice- Chairman One JFK Memorial Drive Julia Flaherty, Member Braintree, Massachusetts 02184 Lawrence Mackin, Jr, Member Wednesday, July 22, 2020 MINUTES A meeting of the Committee on Ordinance & Rules was held Remote via Zoom Webinar on Wednesday, July 22, 2020 beginning at 6:30pm. Chairman Ringius was in the Chair. Clerk of the Council, Susan Cimino conducted the roll call. All votes were conducted by Roll Call Vote. Present: David Ringius, Jr, Chairman Steven Sciascia, Vice-Chairman Julia Flaherty, Member Lawrence Mackin, Jr, Member Also Present: Nicole Taub, Chief of Staff John Goldrosen, Assistant Town Solicitor Christine Stickney, Director of Planning & Community Development Melissa Santucci-Rozzi, Assistant Director of Planning & Community Development George Clements, property owner Michael Modestino, lawyer Jill Coyle, resident 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 • April 22, 2020 A Motion was made by Councilor Sciascia to approve the minutes of April 22, 2020. Motion: by Councilor Sciascia to Approve the Minutes of April 22, 2020 Second: by Councilor Mackin Roll Call Vote: For (4 – Flaherty, Mackin, Ringius, Sciascia), Against (0), Absent (0), Abstain (0) July 22, 2020 Committee on Ordinance & Rules 1 of 5 Old Business • None Councilor Ringius, Chairman of the Committee on Ordinance & Rules stated there is no Old Business. New Business • 20 044 Mayor: Amendment to Town Zoning Map—General Business District (Liberty and Grove Streets) or take up any action relative thereto Councilor Ringius, Chairman of the Committee on Ordinance & Rules stated this item is before this sub-committee for review. The Public Hearing will be held on August 4, 2020 at 7:30pm at the Full Council Meeting. Tonight there will be a vote, be it in the affirmative or in the negative. Tonight we will review on what exactly it is being asked to be rezoned. Melissa Santucci-Rozzi, Assistant Director of Planning & Community Development stated I am here tonight representing Mayor Kokoros. There have been recent efforts in conjunction with town staff and the applicant, Liberty Grove, LLC which is here this evening. We held an informational session on June 23, 2020. The Planning Board held its public hearing on July 14, 2020 and issued a favorable recommendation. Ms. Santucci shared her screen with the rezone map. Councilor Flaherty asked a question about traffic with a CVS vs Residential Complex. Melissa Santucci-Rozzi stated the day time hours traffic would be about the same. In the evening peak hours a CVS could produce more traffic. CVS desires to be on high volume streets. CVS pulls in those “pass by trips” meaning someone already in the network going home and stoppin in. Destination trips would be new residents in the area going to their home. Councilor Flaherty asked for the amount of additional traffic. Ms. Santucci stated we do not have a specific traffic report for this location. Councilor Mackin stated this is my district. I have heard overwhelmingly from residents they do not want a 40B and they are in favor of a CVS. Councilor Sciascia stated the traffic from this CVS could be half on Grove Street and half going onto Liberty Street. Ms. Santucci stated we will get to the distribution and all of this during the Site Plan Review. You can’t introduce any impacts and not mitigate it. Councilor Sciascia stated general business zoned area is too small to hold any new business to be built on it and would need to have additional area rezoned even without the 40B discussion. George Clements, applicant stated I am confident there will be 96 units there if it is not the CVS. It has been three years in this process. I am approved by the state to do a comprehensive project. I am respectful of the community. I have taken a pause. We need the process to play out. The first July 22, 2020 Committee on Ordinance & Rules 2 of 5 intention was never a 40B. A lot of time, effort and thought have gone into space planning so we can rezone to find a business whether it be CVS or something else that can function in a healthy capacity. I think we have done that through this process. I ask tonight we do not get too boggled down about the details of traffic and we rely on the engineers to give us that at a later date. Councilor Flaherty stated there are reasons to do this and reasons to not do this. The reasons to not do this is what message are we sending to every developer in the area. There are developers in the area who own land where the land is not zoned for what they want to do with it. This is a terrible strategy and message to developers that they can use 40B as a threat. There are strong reasons a 40B does not belong at that corner. I am not hearing there is a strong traffic reason to put CVS in there. Now I’m looking at the financial impact on the town of the two projects. Councilor Mackin stated I did have that concern as the previous speaker. Mr. Clements made it clear the 96 units are coming. The Mayor’s office, Ms. Santucci-Rozzi and Ms. Stickney worked really hard to give us this opportunity to avoid the 40B. This is where we are now and we need to go with what the people who live there and would have to deal with it every day feel. We need to deal with the situation at hand. Christine Stickney, Director Planning & Community Development stated prior to the application for the 40B we were working with a Comprehensive Rezone. This was a parcel we were looking at for a rezone and its use. Keep in mind the aesthetics of this as a CVS is a one story and a residential complex would be 4 stories at a busy intersection. There are other things to look at when considering a rezone besides just traffic. Mr. Clements stated I do not think we are setting a prescience. Historically this was developed as a commercial property. It always contained in excess of 2 acres of land. This property is also on a state highway which is at a 4 corner business district. To say the threat of a 40B is causing a rezone is problematic because the town recognizes that 4 corners as a business hub. We looked to purchase the old gas station and looked to enhance that area and we were met with resistance. We worked with the community and said ok let’s look at a 55 plus option. To suggest I came in and dropped a 40B only to get a rezone is far from factual. We have given the community opportunity after opportunity. If this was in a residential neighborhood or further up Liberty Street then I would agree it is not in an appropriate place. We have seen some support for a 40B. We have spent three years working through this. Come August we are going in one direction or the other. That is a business decision. I am the land owner and I have been funding the taxes. This is the last opportunity for the community to have an input. Councilor Sciascia stated Ms. Stickney made my point about it making sense to rezone this property even if this whole other discussion wasn’t happening. This is not CVS vs 40B. This is CVS plus the preservation of a historic building and almost two acres of open space. The town has been building up CPA funds with almost no ability to spend that money on open space. This is a rare opportunity to purchase open space abutting residents. July 22, 2020 Committee on Ordinance & Rules 3 of 5 Councilor Ringius, Chairman of the Committee on Ordinance & Rules stated we are preserving open space. We are preserving a historical building. This parcel has had this controversial history. It was zoned oddly and the gas station was situated oddly. It would have to be rezoned anyway because there is no use for it. Do we know what the use will be for the historic house. Ms. Stickney stated at this time the thought is use the unrestricted budget account and have those discussions once the land has been purchased on how to do some preservation on the house. We will talk to stakeholders in the area, historic commission, and conservation commission to discuss uses. Ms. Santucci-Rozzi stated if this all goes through the Town Council on August 4th , it is then subject to Planning Board permitting and Site Plan Review. This shows location of building, entrances, landscaping, utilities, dumpster locations, walls, fences and everything that is part of the construction and site work. The Planning Board also at that point will get light studies, traffic reports, storm water reports and review that if this development is approved at this location there is no future negative impacts. The responsibility is to not make that intersection any worse. This site will be subject to permitting for the Conservation Commission. There may be permits necessary from MassDOT for curb cuts. Site Plan Review is very detailed and involved. A rezone does not enable the construction of anything. Councilor Ringius, Chairman of the Committee on Ordinance & Rules stated I am appreciative that you are working with the town to move forward on this. Councilor Ringius stated I am in receipt of a letter from Attorney Matt Gaines and Attorney Michael Modestino. Will there be ongoing discussions with those who are not happy about this project. Mr. Clements stated he met with this abutter on July 8, 2020. We are respectful of his concerns. We are always willing to work with abutters. We want to be good neighbors. Councilor Flaherty asked what would be on that corner if not a CVS? Mr. Clements stated we are starting to reassess. If CVS drops out we need to look at that. CVS is very much interested. We are committed to it. Michael Modestino, attorney for the applicant stated there are many steps after this. The purchase of the historical house and made into affordable housing will get the town to safe harbor numbers. The one story CVS will look attractive. It will have one curb cut onto Grove Street and a drive through pharmacy window. The direct abutters have legitimate concerns. We are trying to address those concerns. I have a meeting scheduled with Attorney Gaines. Councilor Ringius, Chairman of the Committee on Ordinance & Rules asked if any person attending tonight would like to speak. Jill Coyle, resident Parkside Avenue stated I hope you will support the rezone as it is in the best interest of the town and the abutters. July 22, 2020 Committee on Ordinance & Rules 4 of 5  A Motion was made by Councilor Sciascia for a favorable recommendation to the full Council for Order 20 044. MOTION: That the Town Council vote, at the request of the Mayor of the Town of Braintree, and Liberty Grove LLC with consent by Eugene K. and Linda A. McIsaac, to amend the Zoning Map of the Town of Braintree, by rezoning from the Residence A and Residence B Districts to the General Business District, certain portions of the following lots: Assessors Parcel 1109, Lot 6 (identified as 357 Grove Street); Assessors Parcel 1109, Lot 6A (identified as 1006 Liberty Street); and Assessors Parcel 1109, Lot 6B (identified as 365 Grove Street). The portions of said Lots that are to be rezoned are shown on a plan entitled “Rezoning Plan At 357 & 365 Grove Street – 1006 Liberty Street in Braintree, Mass.”, prepared by Hardy + Man Design Group, PC, dated June 22, 2020, which is on file with the Town Clerk. The acreage to be rezoned is approximately 1.23 acres, including approximately 0.72 acres of Assessors Parcel 1109, Lot 6, 0.02 acres of Assessors Parcel 1109, Lot 6A, and 0.49 acres of Assessors Parcel 1109, Lot 6B. Motion: by Councilor Sciascia for favorable recommendation to the full Council Order 20 044 Second: by Councilor Mackin Roll Call Vote: For (4 – Flaherty, Mackin, Ringius, Sciascia), Against (0), Absent (0), Abstain (0) It was unanimously voted by Roll Call to adjourn the meeting at 7:50 p.m. Respectfully submitted, Susan M. Cimino Clerk of the Council Documents provided for Meeting • 20 044 Mayor: Amendment to Town Zoning Map—General Business District (Liberty and Grove Streets) or take up any action relative thereto • Minutes April 22, 2020 July 22, 2020 Committee on Ordinance & Rules 5 of 5