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HomeMy WebLinkAboutmin of planning brd 10/22/1997Or rt PLANNING BOARD MINUTES �1: 09 October 22, 1997 i =L© Present:. Thomas French, Chairman; John Sullivan, Clerk; Bernie Dolan;t it, ', Marydee Flynn; Scott Frank; Thomas McShane and Kenneth Torman. Also present was Shaun P. Burke, Director of Planning and Development. Meeting called to order at 7 :30 p.m. Qir�spfftdence -: - - 1. Minutes of October 8, 1997 Page 9 - bottom: Mr. Dolan questioned the meaning of the last sentence and asked that it be clarified. Page 6 - Statements attributed to Mr. Sullivan were made by Mr. Siena speaking for the Airport Commission Motion: To approve the minutes as amended. (Flynn - Sullivan) 5 -0 -1 with Mr. McShane not present and Mr. Frank abstaining. PASSES 2. Copy of letter of appreciation to Duane Frederick from Board of Selectmen 3. Copy of letter of appreciation to Duane Frederick from Planning Board 4. Copy of memo to Richard Lewis from Planning Board re: monopole - 30 Reservoir Street. 5. • Copy of letter to Paul Folkman from Planning Board re: waiver for Homefield Farms 6. Copy of letter to Karl Clemmey from Planning Board re: waiver for Cobb Street 7. Copy of letter to Board of Selectmen from Bert Cook re: Site Plan Approval for QMS and MHS projects - Mr. Dolan stated that he thought the issue of parking at the schools had been discussed previously. Mr. Burke said they had talked about a variety of options on East Street during site plan review, but the issues were unresolved. Motion: To send the Municipal Building Committee a letter asking them for a response to the concerns expressed in Mr. Burke's memo to them of October 15th with respect to parking at the schools, traffic flow through the area and status of plans for the area. (Sullivan - Dolan) 7 -0 PASSES 8. Copy of letter to Peter Kortright of SRPEDD from Shaun Burke re: commuter rail line vote with letter to State reps attached 9. Public Hearing Notice - Norton Planning Board 10. Public Hearing Notices (2) - North Attleboro Planning Board 11. Public Hearing Notices (2) - Sharon ZBA 12. Public Hearing Notice - Attleboro Municipal Council Minutes of October 22. 1997 13. Public Hearing Notice - Plainville Planning Board 14. APA Zoning News 15. Planning magazine 16. Environmental League of Massachusetts Annual Meeting announcement 17. Community Links newsletter of Community Policing Consortium 18. Mass Development Finance Agency annual report 19. Mass Highway Program announcements 20. SRPEDD Regional Information Systems Committee meeting postponement announcement 21. Request for partial release of surety - Carlton Estates Motion: to release $5,276.71, leaving a balance of $34,390.14 (Sullivan- Flynn) 7 -0 PASSES 22. Request for partial release of surety - Baybrook Farms Motion: to release the following: Phase I - release $10,402.00, leaving a balance of $0.00 Phase II - release $5,541.43, leaving a balance of $0.00 Phase III - release $10,302.00, leaving a balance of $0.00 Phase IV - release $36,274.00, leaving a balance of $12,000.00 23. Letter from Leonard F. Flynn, The Natural Resources Trust of Mansfield, Inc., requesting a waiver of filing fees for a Form A Plan Motion: To waive the filing fees for a Form A Plan on Branch Street because the land is a gift given to a local non - profit organization as conservation land. (Sullivan - Dolan) 5 -0 -2 with Mrs. Flynn and Mr. McShane abstaining PASSES 24. Form A Plan for two lots on Branch Street, Lot I being a 25 acre parcel being conveyed to The Natural Resources Trust of Mansfield as conservation land. Mr. Burke advised the Board that the Form A meets all requirements and warrants endorsement. Motion: To endorse the Form A Plan (Sullivan - Dolan) 6 -0 with Mr. McShane abstaining. PASSES 25. Site Plan Review and Recommendation - Mansfield One Limited Partnership located at 89 Forbes Blvd. - postponed to October 29, 1997 at 8:00 p.m. 26. Memo re: Capital Improvements Pre,,-ram Committeeeeting CIP is comprised of representatives of various boards. Mr. Dolan, Dr. Torman and Mrs. Flynn indicated their willingness to serve as Planning Board representatives. Motion: To appoint Mr. Dolan and Dr. Torman as representatives, and Mrs. Flynn as an alternate, stating that the alternate should attend the CIP meetings to stay advised and be able to fill in if necessary. (Sullivan- Frank) 7 -0 PASSES 27. Notice of streets scheduled for acceptance at the November 18th Special Town Meeting Minutes of October 22, 1997 Arottnd the'f" • explain the intent of the article on Town Meeting floor • withdraw the article with the explanation and intent of including it in a larger comprehensive plan addressing other downtown issues at a later date Mr. Burke also suggested the possibility of increasing floor area ratios as an incentive for those who do residences above businesses in the downtown. Mr. French suggested we go forward with the scheduled public hearing and make a decision based on input received at that time. Mr. Sullivan read the hearing notice as it appeared in the Mansfield News on October 3rd and ( October 10th, 1997. Mr. French explained that the purpose of the public hearing is for the Planning Board to gather information and that the Board would be asked to make a report at Town Meeting on their findings and recommendation. Dan Clemmey introduced the following individuals the Clemmey family brought with them to assist in the presentation: Karl Clennney; Ed Woods, attorney; Peter and Diane Sangermano and their son, Peter, Jr. of Village Retirement Communities; Jim Dunn and Ken McKenzie, engineers; and Chris Singer of the Sangermano's organization. Diane Sangermano explained the concept of and need for retirement communities, stating they offered a blend of hospitality and health services for seniors. A brief video presentation followed. Ken McKenzie presented a conceptual site plan prepared for Village Retirement Communities on Mr. Clemmey's Cobb Street property. Jim Dunn pointed out the location and purpose of various buildings within the site, showing 42 individual units, 104 assisted living units, and 48 Alzheimer's care units for a total of 194 units with 160 parking spaces. Peter Sangermano stated that the parking area would be for independent residents who have cars, as well as for staff and visitors. Mrs. Sangermano pointed out that the Alzheimer's unit would be a self - contained unit with an enclosed courtyard. Otto Bingel of 126 South Main Street said that he was confused- -that he thought this was a hearing on a Town -wide zoning change to allow the use, and now we're talking about one site. Minutes of October 22. 1997 Mr. French responded that it is a zoning change to allow this use under these guidelines in an R- 2 Zone and that it is not limited to one site. Mr. Bingel stated that he is in favor of residential assisted care facilities, but his first problem is with the definition "residential facility which provides services to residents 55 years or older in a managed residential community." He did not think the definition was very specific and stated he would like to see it narrowed down before voting on a Town by -law. He also asked where the number "250" units and density of 10 units per acre came from, asking whether that included wetlands, slopes, and so forth. He stated that as proposed, this would be a use by right and that Planning Board plan review is only advisory. He suggested that the use would be better placed under Special Permit provisions wherein the Planning Board would have more control over the project. Mr. Sangermano replied that the project has to meet all the requirements for an assisted care facility outlined by the Commonwealth of Massachusetts and the Executive Office of Elder Affairs. Mr. Bingel asked if they brought a copy of the regulations with them for review. Mr. French suggested that the requirements be incorporated into the definition, to which Mr. Sangermano replied that the definition would end up 34 pages long. Mr. Bingel then asked if the article can or will be amended prior to a Town Meeting vote. Mr. Burke explained that this is an article placed on the warrant by a citizens' petition and that this is it, unless it is amended on the floor of Town Meeting. Mr. Bingel asked if the Sangermanos would have a problem with making the proposal subject to a Special Permit. Mr. Sangermano stated that in some towns, the special permit process makes the approval of the proposal more arbitrary to the point where their plans no longer fit. Tracey Pinnetti of 4 Cobb Street asked about traffic and the frequency and number of trips anticipated by emergency vehicles responding to the facility. Mr. Sangermano said that at their Smithfield facility of 288 units, they average 3 -4 calls per week. He anticipates that at this facility, which is smaller and provides assisted care and not nursing care, there would probably be 3 per week. He further stated that they instruct emergency vehicles not to use their sirens once they are into the roadway entrance. Mrs. Sangermano pointed out that if a resident is having a problem, they have an on -site physician who is available to attend to the patient until the arrival of an emergency vehicle. With regard to traffic, Mr. Sangermano said they would have 30 to 40 residents with cars, in addition to three shifts of staff, averaging 30 to 40 per shift. Mrs. Pinnetti asked if the paving width of Cobb Street would increase, to which Mr. Sangermano replied that it would be up to the Town. Mr. Dunn said the road is a public way at'd would have to be modified to meet Planning Board requirements. Mr. Burke pointed out that only a portion of Cobb Street is a an accepted public way and that the applicant has the right to ask for a waiver to make the street narrower, have fewer trees, or change the lighting required under subdivision control laws. He further pointed out, however, that the Planning Board would have to find that it's in the public interest before granting any such waiver. He also noted that the portion of Cobb Street which is now a dirt cartpath would have to be brought into compliance with Town standards, but we don't have the right to require improvements on the existing public way. Mr. Sangermano said they would be happy to work with the Town on the issue. Mrs. Pinnetti asked about the behavior of Alzheimer's patients and if their presence in the neighborhood posed any risk to her young son. The Sangermanos explained that under the 4 Minutes of October 22. 1997 guidelines for Assisted Care Facilities they will have a fenced -in courtyard and picnic area as part of the Alzheimer's unit. Mr. Dolan asked if they have on -site security and Mr. Sangermano stated they would have security cameras and sufficient staff and that the outside doors are equipped with buzzers which sound when opened. Mr. Frank asked about the minimum frontage requirement and if the regulations of the Executive Office of Elder Affairs' require an on -site medical facility or if it's optional. Mr. Sangermano replied that the regulations spell out what is required for staffing, space, etc. Mr. Frank asked whether a Special Permit would be required to have a doctor's office in an R -2 Zone and Mr. Sangermano said that it is allowed inside the building as part of the operation of the facility and that it is not open to the public. Mr. Frank also stated that he thought the language of Section L should be changed to clearly identify the regulations governing the use. Mr. McShane said he is pleased with the plan presented, but is confused as to why we're discussing the project when the hearing is for a zoning article petitioned by Mr. Clemmey. Mr. Dolan noted that we're talking about amending a Town By -law and what is being presented cannot be built in the Town of Mansfield at this point unless the by -law is amended at Town Meeting. Mr. McShane asked if the petitioner would be willing to add the word "exclusively" to the definition of Assisted Care Retirement Facilities to read: "...provides services exclusively to residents 55 years or older..." Mr. Sullivan asked if under Section K both residents have to be 55 or older. Mr. Sangermano replied that those are the requirements of the Executive Office of Elder Affairs. Mr. Frank asked if residents of the non - assisted independent living units_ are allowed to have live -in help. Mr. Sangermano said their facility provides independent living with an a la carte menu of services which are provided by outside agencies that come in to assist. Mr. McShane asked if it is a requirement of the Elderly Affairs Office that a parcel be ten acres or more. Mr. Sangermano explained that assisted care facilities are required to have common areas and if the parcel is smaller than ten acres, everything just doesn't fit on the site. Mr. McShane also asked if in Section C the wording should be "permitted" open space or "permanent" open space. It was agreed that it should be "permanent." He also questioned the wording of Section D and it was determined that "10" square feet should in fact be "100" square feet with a comma after the word "proposed." In Section 1, Mr. McShane suggested that the wording be changed -to "suitable buffer plantings as required in Section 4.3 Landscaping and Screening of the Mansfield Zoning By- law..." Mr. McShane asked if in Section K it would make sense to allow more than two people to occupy a unit. Mr. Sangermano and Mr. Singer explained that the unit size and density are calculated on a maximum of two occupants per unit and that the concept of assisted care reduces the size of the units and provides greater common spaces to accommodate lifestyle and hospitality. Mr. McShane asked what kind of interaction there is between the Village and outside community, to which Mrs. Sangermano replied that they try to be good neighbor and provide resources for other seniors in the community. They also host events to benefit the community in general and work with the schools in hosting groups of young people to interact with the seniors. Mr. McShane asked what services they look for from the Town. Mr. Sangermano said medical emergency services, which they pay for. He explained that they do all their own snow removal and have no impact on Town services. He suggested that Jeffrey i Minutes of October 22. 1997 Minor, Town Manager of Smithfield, RI be contacted if there are any questions regarding their impact on communities in which they are currently located. Mr. Dolan asked if they have experienced any crime. Mr. Sangermano said that in the seven years they have been operating, they have not. He further explained that they have around -the- clock security and staff and the buildings are locked. Mr. Sullivan suggested that in Section L the word "general" be deleted and the regulations be specified. The applicant was also asked what percentage of their residents come from the local community. Mr. Sangermano said that as a rule 70% of their residents come from within a 5 mile radius and 15 -17% come into the facility because they have relatives living in the area. Mrs. Flynn asked for an explanation of the differences between community life care facilities and assisted living facilities. Mrs. Sangertano said that lifecare was something everyone used to trust and believe in and no longer do. Assisted living is on a month -to- month, "pay as you go" basis. Lifecare requires that you buy into it with your assets and they take care of you for the remainder of your life. With assisted living you only buy services and lifestyle as you need them. Mr. KarlClemmey pointed out that his family had four people approach them to do the project on this land and that they chose the Sangermanos because they believe they will do the best job for Mansfield. He pointed out that nowadays children want more control of their elderly parents' assets and don't want them to turn everything over to a lifecare center. Mrs. Flynn asked the Sangermanos how many years they've been in business. Mr. Sangermano said he's been involved in various capacities for 27 years; Mrs. Sangermano replied that she's been involved in the development of senior housing for 18 years and has a Master's degree. Mrs. Flynn asked if their 24 -hour nursing service includes a 24 -hour medical director on site and was told it does not. Mrs. Flynn suggested that in Section H of the proposed by -law amendment, the word "sensitive" be deleted and the wording be changed to "...shall be in harmony with the surrounding properties." She stated she also thinks the walls are too long and the buildings are too big and would like to see smaller units which would be more in keeping with the surrounding neighborhood. Mr. Sangermano showed the architect's rendering and explained that the building height limitation requested is 40 feet, which only allows them a two -story building. To add an additional story they would need 44 feet. Mrs. Flynn also asked why there is a gravel roadway shown on the conceptual site plan.- Mr. Sangermano said they need to be able to get emergexicy vehicles around the whole building if needed. Mrs. Flynn then said she would like to see this type of development in town, but under Special Permit zoning. Mr. Burke suggested that after hearing comments at the public hearing, the applicant may wish to make amendments to the article, providing handouts at Town Meeting which clearly show the changes made. Mr. Clentmey said they are looking for a recommendation from the Planning Board prior to Town Meeting. Mr. Dolan said the only problem he has with the proposal at this point is that he'd like to see it as a Special Permit and not a use by right and that the regulations of the Executive Office of Elder Affairs need to be spelled out more clearly. 6 Minutes of October 22. 1997 Mr. French said he would welcome a facility such as this in town, but also feels the project should be subject to the Special Permit process. Mr. Clemmey said the Board could go forward in supporting the article at this point and then amend it at the Annual Town Meeting in the spring. Mr. Burke pointed out that such a move would be considered "contract" zoning and is illegal in Massachusetts. Mr. Clemmey ultimately decided that he is willing to live with any restrictions the Board wants. Mr. French and Mr. Burke explained the Special Permit process to Mr. Sangermano, noting that it would require a public hearing before the Planning Board with a super majority of five affirmative votes needed for approval. Mr. Sangermano said that he had misunderstood the Special Permit process and had thought it would require hearings before several boards and would be a lengthy process. Mr. French pointed out to Mr. Sangermano that there is nothing in the article before Town Meeting that says approval of the article gets them the project. Mr. Clemmey expressed the belief that with 397 abutters, going for a Special Permit is too big a risk. Mr. Dolan suggested that it has a better chance of passing as a use by Special Permit. Mrs. Flynn agreed, stating that a Special Permit allows more give and take and that compromises on both sides come out of it. Other board members agreed that they would feel more comfortable with the article if the use was by Special Permit. Motion: To continue the Public Hearing to November 5, 1997 at 3:45 p.m. (Dolan - Sullivan) 7 -0 PASSES tlrottnd rite TatrEe (co►ttutued) Mr. McShane asked about the reported settlement between Mansfield and Norton regarding an outstanding bill for sewer capacity, stating that he thinks it would be a good opportunity for Mansfield to stop the development proposed in the Great Woods since the unpaid bill is a breach of contract. Mr. Burke explained that his understanding of the situation is that the bill was the result of a re- interpretation of an old contract and that Norton was originally told they didn't have to pay until they used the capacity. Mr. McShane stated that it is his belief that if Town Counsel pulls the lawsuit and says there's a breach of contract, we are no longer bound to provide capacity to Norton. Mrs. Flynn stated that if Mansfield has the treatment plant, why can't we save the capacity for Mansfield's use. Mr. French stated that Norton has reserved this capacity and it's not any additional capacity which is being offered to Norton. Motion: To usk the Board of Selectmen and Town Counsel if, prior to making this settlement and receiving the funds from Norton, they have considered the alternative of using the apparent breach of contract that currently exists as a means to stop the development in Norton by not providing the sewer capacity which is apparently needed for the development and retain that capacity for future industrial capacity for the Town of Mansfield. (McShane - Flynn) 5 -0 -2 with Mr. Frank and Dr. Torman abstaining Mr. Frank mentioned that he thought the public hearing held on the by -law amendment sponsored by Mr. Clemmey became blurred between the amendment 7 Minutes of October 22. 1997 to the by -law and the Special Permit and was detrimental to the discussion on the by -law. He further stated that he would feel more comfortable with four - person units, but the issue didn't get addressed because the focus was on one proposed development instead of the by -law. He felt rather than basing the by -law on one developer's proposal, an overview of the industry would have been more helpful. Mr. French responded, saying that it's the applicant's by -law amendment we're holding a public hearing on and that it's the applicant's show and they have to be given the right, within reason, of presenting their proposal to the public as they see fit. He further stated that the process is useful to us in formulating our recommendation and helping us to get what we want in the article. 1'abt►c �ainment Leonard Flynn, Planning Board representative to SRPEDD, reported on the meeting he had just attended at which it was reported that SRPEDD had contracted an organization to undertake a study of the Route 495/140 intersection. Mr. Flynn reported that he had made a motion for them to talk with the Norton and Mansfield Board of Selectmen and Planning Boards prior to proceeding with the study as this is not the intersection of greatest concern within the two towns. He further stated that the diamond interchange is being pushed and is going to have a dramatic effect on the Master Plan Open Space unless we get into a negotiating position like we did with the Lego proposal. He said that if we don't get involved, the end result will be that Norton gets all the benefit and Mansfield gets the traffic. He recommended that the Planning Board ask SRPEDD to defer the study until Mansfield has the opportunity to get involved. Motion: Send a letter to SRPEDD on the issue, explaining that we have contacted Campanelli Companies and are waiting for a response from them; that we are working on ajoint planning grant with Norton; that we have 74 more intersections, including 3 in Mansfield, which have been identified as being more dangerous than the one they are about to study - -and that we ask them not to move forward with the study before they come in and talk with us and get involved with the efforts of both communities. (McShane - Sullivan) 7 -0 PASSES Adsaarnlmtcnt Motion: To adjourn at 11:30 p -m. (Dolan - Sullivan) 7 -0 PASSES Minutes of October 22. 1997 Signature of Clerk Date of Approval Minutes of October 22, 1997