HomeMy WebLinkAboutPlanning Brd Minutes 3/23/1988PLANNING BOARD'S
MINUTES
MARCH 23, 1988
Present: Chairman Quinn, Acting Clerk Sohn
Planners: Caponigro, Flynn, Madan, McClanahan
Planning Director LaCasse
1.
Meeting called to order at 7 :30 P.M.
Motion: To appoint Planner Sohn Acting Clerk.
(Madan - McClanahan) All in favor. PASSES.
2. 7:30 P.M. - Public Hearing - Proposed zoning Amendment - By Petition by Karl D.
Clemmey - Rezoning land situated on the Northeasterly Side of Copeland Drive
At 7:30 P.M., Chairman Quinn opened the public hearing to rezone a portion of
land an Copeland Drive. At 7:59 P.M., this hearing was adjourned to open and
close the public hearing scheduled for 8:00 P.M. and reopened at 8:02. At 8:20
P.M., this hearing was closed. (Tape recording of this public hearing on file
in the Planning Department office.)
The following people spoke at this public hearing:
Karl Clemmey, Petitioner.
Michael Holleran, Holleran, Everett and Clarke.
Anna Prohodsky, 73 Fowler Street, Mansfield, MA
David Grant, 108 Central Street, Mansfield, MA
The following motions were made at this public hearing:
Motion: To adjourn this public hearing at 7:59 P.M. in order to open and close
the public hearing scheduled for 8 :00 P.M.
(Madan- McClanahan) All in favor. PASSES.
Motion: To close the public hearing, accepting written input up to Town meet-
ing.
(McClanahan -Sohn)
Planner Madan suggested setting a time limit for accepting written
input to April 20, 1988.
To close the public hearing at 8:20 P.M. and accept the motion as
amended.
All in favor. PASSES.
Motion: To write to Special Town Counsel, Alphonse Query, and ask if the
it would be appropriate and /or applicable to ask the applicant to
establish a covenant to guarantee that the building which currently
appears on the plan for Copeland Drive is the only one constructed.
(Flynn -Sohn) Planners Flynn, Sohn, McClanahan and Chairman Quinn in
favor. Planners Caponigro and Madan abstain. PASSES.
3. 8:00 P.M. - Public Hearing - Proposed Zoning Amendment - By Petition by Karl D.
Clemmey - Rezoning Land Situated on the Southerly Side of Route 106, Beginning
at a Point in the Southerly Line of Route 106 at the Mansfield- Easton line.
At 8:00 P.M., Chairman Quinn opened the public hearing to rezone a portion of
land located on the Southerly Side of Route 106. At 8:01 P.M. this public hear-
ing was continued until the conclusion of the 7:30 P.M. public hearing. At 8:30
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March 23, 1988
Page -2-
P.M., this public hearing was reopened and at 8:31 P.M. this public hearing was
adjourned to open the public hearing scheduled for 8:30 P.M. At 8:33 P.M. this
public hearing was reopened. At 8:55 P.M., this public hearing was closed.
(Tape recording of this public hearing on file in the Planning Department of-
fice.)
The following people spoke at this public hearing:
Karl Clemmey, Petitioner.
Marilyn Ouellette, 6 Oakland Street, A -1, Twin Oaks, Mansfield, MA.
James L. McIntyre, Trustee of CURMAC Realty Trust.
Marie Connor, 17 Cottage Street, Mansfield, MA
Eric Butler, 395 South Main Street, Mansfield, MA
The following motions were made at this public hearing:
Motion: To adjourn the public hearing at 8:01 P.M. until the close of the
7:30 P.M. public hearing.
(Madan - McClanahan) All in favor. PASSES.
Motion: To adjourn the public hearing at 8:31 P.M. in order to open the public
hearing scheduled for 8:30 P.M.
(Flynn -Sohn) All in favor. PASSES.
Motion: To close the public hearing to rezone a portion of Rte. 106 with writ -
ten input accepted until April 20, 1988 when the Planning Board will
be making a decision.
(Sohn- Madan) All in favor. PASSES.
4. 8:31 P.M. - Public Hearing - Proposed Zoning Amendment - By Petition by Allen L.
Willis, Jr. - To Amend the Zoning BY -Laws and Map Rezoninq a Parcel of Land
situated on the Southwesterly Side of Willow Street.
At 8:31 P.M., Chairman Quinn opened the public hearing to rezone a parcel of
land on the Southwesterly Side of Willow Street. (This public hearing was for
the purpose of rezoning Agricultural land to include Life Care Facilities.) At
8:32 P.M., this hearing was postponed until the close of the 8:00 P.M. public
hearing. At 8:56 P.M., this public hearing was reopened. At 10:55 P.M. this
public hearing was closed. (Tape recording of this public hearing on file in
the Planning Department office.)
The following people spoke at this public hearing:
Allen Willis, Petitioner.
Frederick Uhlein, Roche Associates.
Joseph Roche, Roche Associates.
Jeff , Cannon Associates.
Juanito Yong, Cannon Associates.
Steven Mastovich, Attorney for Life Care Center.
Marie Connor, 17 Cottage Street, Mansfield.
Patricia Lestan, 133 Willow Street, Mansfield.
Gretchen Manchester, 93 Willow Street, Mansfield.
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March 23, 1988
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David Manchester, 93 Willow Street, Mansfield.
Vincent Lestan, 133 Willow Street, Mansfield.
James Lazzara, 132 Willow Street, Mansfield.
Eric Butler, 395 South Main Street, Mansfield.
Leonard Flynn, 102 Jewell Street, Mansfield.
David Farrington, 211 Willow Street, Mansfield.
Gretchen Elliott, 367 Willow Street, Mansfield.
Veraine Prasad, 285 Williams Street, Mansfield.
The following motions were made at this public hearing:
Motion: To postpone the public hearing until the close of the 8:00 P.M. public
hearing.
(Flynn -Sohn) All in favor. PASSES.
Motion: To close the public hearing to amend the Zoning By -Laws and Map by
rezoning Agricultural land to include "Life Care Facilities ".
Written input will be accepted until April 20, 1988 when the Planning
Board will be making a decision.
(Sohn - McClanahan) All in favor. PASSES.
5. Clerk's Report
Correspondence
Letter to Planning Board from Commonwealth Engineering requesting time on the
agenda for a pre - preliminary review of "Village at Gilbert Street ". (Will be
placed on the agenda for April 6, 1988 at 9:30 P.M.)
Letter to Planning Board from Anastasia (Sia) Kanellopoulas, Norton Town Plan-
ner, representing the Canoe River Aquifer.Advisary Committee, confirming dates
the committee will be on the Planning Board agenda.
Letter from Mr. and Mrs. John Cleary requesting time on the Planning Board
agenda to discuss barrel entrance at "Massapoag Estates ".
Motion. To reconsider previous motion made at meeting of March 16, 1988.
(Sohn- Madan) Planners Sohn, Madan, Caponigro, McClanahan and Chairman
Quinn in favor. Planner Flynn opposed. PASSES.
Mr. and Mrs. Cleary will be notified by letter that they will be on the agenda
April 13, 1988 at 8:30 P.M. (Carbon copy the Bonwood Company.)
Application from Alan Brown for approval of street abandonment for Willis
Street.
Memo from Kelli Baker, Chairman, Master Plan Advisory Council, stating that
there will not be a meeting of the Master Plan Advisory Council on April 17,
1988.
Copy of letter to John T. Mahoney, III and Donald A. Baker from Planning Direc-
tor regarding "Maplewood II" subdivision.
Letter to Michel LaCasse from John T. Mahoney, III regarding fence around reten-
tion basin for "Maplewood II" subdivision.
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March 23, 1988
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Motion: To accept Mr. Mahoney's solution to the problem of fencing the reten-
tion basin and have Planning Director LaCasse complete the details
with Mr. Mahoney.
(Capanigro- Madan) All in favor. PASSES.
Letter to Michel LaCasse, Planning Director, from Pasco Construction listing
proposed dates of completion for work at "Mansfield Manor" subdivision.
Letter from Mr. William Canaday, OMNIS Corporation, requesting release of funds
for "Hidden Estates" subdivision.
Copy of letter to Judith F. Scott, Town Clerk, from Planning Board regarding ap-
proval of "Preliminary Plan of Land in Mansfield" (off Oakland Street).
Copy of memo to Police Chief, Jesse Earls, requesting speed limit for South
Street.
Copy of letter to Attorney Michelmore, from Planning Board, requesting more in-
formation on proposed lot to be developed in Mansfield.
Copy of letter to Walmark Corporation from Planning Board regarding "Van Koert
Farms" subdivision and use of Cape Cod berm.
SRPEDD annual report.
Public hearing notices, Town of Easton.
Public hearing notices, Town of Foxboro.
b. "Form A" (AMR) Plans
Gerald and Sarah Cormier, Old Elm Street.
Motion: To sign the "Form A" (AMR) plan for Cormier for property located on
Old Elm Street.
(Madan- McClanahan) All in favor. PASSES.
Martha and Ben Flint, Mill Street
Motion: To sign the "Form A" (ANR) plan for Flint for property located on Mill
Street.
(Madan- McClanahan) All in favor. PASSES.
Fralo Corp., Van Gemert Drive
Motion: To sign the "Form A" (ANR) plan for Fralo Corp., for property located
on Van Gemert Drive.
(McClanahan - Madan) All in favor. PASSES.
7. Around the Table
Planning Director LaCasse informed the Board that he had been notified by Town
Counsel, John Dwyer, that the "Pine Terrace" case might be going to Court on
Friday, March 25, 1988. However, this could be changed to a later date. He
also stated that the question has been raised as to whether the former Planning
Director and a former Planning Board member should be subpoenaed. Consensus of
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March 23, 1988
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opinion is that it would not be necessary to subpoena these people.
Planner Caponigro stated he had read an article in the Sun Chronicle this eve-
ning which quoted Superintendent of Schools, Robert Barbarisi, as stating he may
have lost the 2 1/2 override issue for the new schools due to the fact that none
of the Town boards and committees publicly supported his efforts.
Motion: To send a letter to Mr. Barbarisi stating that the Planning Board did,
in fact, support the 2 1/2 override for the two new elementary schools
and include a copy of the minutes during which this motion was
publicly made.
(Caponigro- McClanahan) All in favor. PASSES.
Motion: To enter into Executive Session in order to discuss "Pine Terrace"
litigation.
Planner Madan - Aye
Planner Sohn - Aye
Planner McClanahan - Aye
Planner Flynn - Aye
Planner Caponigro - Aye
Chairman Quinn - Aye
Motion carries.
Planning Board entered into Executive Session and adjourned immediately after
the close of this session.
8. Meeting adjourned at 11:55 P.M.
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7 :30 P.M. - Public Hearing
ARTICLE 45
To see if the Town will vote to amend the Zoning By -Law and
to amend the Town's Zoning Map to the extent necessary to rezone
from its present classification, which is a Residence A, t to land
classification of General Business, the following parcel
presently owned by Karl b. Clemmey:
The land in Mansfield; Bristol County, Massachusetts,
situated on the northeasterly side of Copeland Drive (Route -140)
and being shown as Lot 2 on that plan entitled, "Plan of Land in
Mansfield, Massachusetts, Scale - in = 40' May 15, 1986," which
plan is recorded in Bristol County Northern District Registry of
Deeds in Plan Book 238 at Page 6. According to said -plan, said
Lot 2 contains 2,444 acres, and is bounded:.
Southwesterly by said Copeland Drive, 46.32 feet;
Westerly by land of Edoin, 79.43 feet;
Southerly by said land of Edoin, 35.71 feet,
Southwesterly by said Copeland Drive, 133.24 feet;
Northerly by land of Karl D. Clemmey, 85.36 feet;
Westerly by a stone wall and land now or formerly of said
Karl D. Clemmey, by a private way as shown on said plan as
Campbell Street, and by land now or formerly of New South
Properties Realty Trust, 242.56 feet;
Northwesterly by said land now or formerly of New South
Properties Realty Trust, 169.62 feet;
Easterly by a stone wall and land now or formerly of Robert
J. and Susanne S. Castelli, 175.00 feet; still
Easterly by said stone wall and land now or formerly of Leo
I. and Kathryn A. Bray, 143.85 feet; still
Easterly by said stone wall and land now or formerly of said
Leo I. and Kathryn A. Bray and land now or formerly of David
J. and Nancy M. Degirolamo, 138.16 feet;
Southeasterly by land now or formerly of David E. and Janis
M. Grant, 29.98 feet; still
Southeasterly by a stone wall and Lot. 1 as shown on said
plan, 185.56 feet; and still
Southeasterly 20.08 feet by said stone wall and said
Copeland Drive.
Excepting that portion which is already zoned General Business,
and that portion situated between Lot 1 on said plan and Copeland
Drive or take any action in relation thereto.
By Petition: Karl D. Clemmey
390 West Street
8:00 P.M. - Public Hearing
ARTICLE 46
To see if the Town will vote to amend the zoning By -Law and
to amend the Town's Zoning Map to the extent necessary to rezone
from its present classification, which is Agriculture to. the
classification of General Business, the following parcel of land
situated on the southerly side of Route 106, bounded and
described as follows:
Beginning at a point in the southerly line of Route 106, at
the Mansfield- Easton town line; thence running westerly by the
southerly line of Route 106, 3,000 feet to a point; thence
running southerly perpendicular to the southerly line of Route
106, 900 feet to a point; thence running easterly parallel to and
900 feet southerly from the southerly line of Route 106 to a
point in the Mansfield- Easton town line; thence running northerly
by the Mansfield- Easton town line to the point of beginning or to
take any action in relation thereto.
BY PETITION: Karl D. Clemmey
750 South Main Street
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8:30 P.M. - Public Hearing
ARTICLE 44
To see if the Town will vote to amend the Zoning By -Law and
Map in the following manner:
1. Section 1 (E) "Definitions" is hereby amended by adding
the following:
"13a. Life Care Center" - A campus type development of
multiple facilities and buildings to provide a continuum of
residential alternatives for the aged, chronically ill, or
disabled; with the particular goal of assisting them better
to cope with their particular limitations and to lead a
productive existence, through the provision of appropriate
care, rehabilitation, psychological counseling, and
educational programs. Such a development may include any
combination of the following, but must include a skilled
nursing facility and either an assisted - living facility or
an independent living facility as defined in subparagraphs
(a), (b) and (e):
(a) a skilled nursing facility including ancillary support
and rehabilitation services, including but not limited
to: an adult day care or respite facility to provide
short -term custodial care to individuals with special
needs; food service; social, psychological, and
educational programs; twenty -four hour supervision; and
nursing care as appropriate, all with the purpose of
assisting the individual to continue to develop and to
overcome the limitations imposed_ by his or her
condition, and providing the individual's family or
other care -giver a respite from the provision of such
care;
(b) a congregate housing or assisted - living facility,
providing a sheltered living environment for the aged,
chronically ill, or disabled, including such services
as: housekeeping; cooking and common dining; social,
psychological, and educational programs, assistance
with personal needs; and crises intervention, all with
the purpose of assisting each resident to continue to
develop and to lead a productive and fulfilling life;
(c) independent living facilities providing private living
-five (55)
and dining accommodations to persons fifty
years of age or older, also including common areas and
the provision of social, psychological, and educational
programs and crisis intervention as needed, all with
the purpose of providing an environment in which older
persons can continue to derive the personal and
psychological benefits of independent living while also
enjoying the substantial social and educational
benefits of community living;
(d) home health care facilities serving as a base for the
provision of medical, nutritional, social,
psychological, and educational services for the aged,
chronically ill, or disabled;
(e) multi - purpose facilities for resident and non - resident
senior citizens, which may include social, educational,
wellness, counseling, recreational, outreach, and other
activities;
(f) facilities for the provision of ancillary services to
residents of the development, which may include, but
are not limited to, a beauty parlor /barber shop,
convenience store, ice cream parlor, bank, exercise
center, and other such services provided that such
services shall be available only to residents, their
guests, and employees and not to members of the general
public.
2. Section 1 (E) "Definitions ", is hereby amended by
deleting the definition of "Street" in its entirety and
substituting the following therefor:
"Street: A public thoroughfare, 30
in width between property lines, or
width as may be acceptable to the P
or the Board of Appeals, maintained
whether or not having been formally
town way under the General Laws."
feet or more
such other
lanning Board
by the Town,
accepted as a
3. Section III "Use Regulations ", Subsection (E)(b),
"Uses Requiring a Special Permit by the Planning Board
in accordance with Section V -PS", is hereby amended by
adding the term "Life Care Center" to Item 5, "Hospital
and Nursing Homes ", to make a "Life Care Center" a
special permit use in the Agricultural District.
u. Section IV "Intensity Regulations" is hereby
amended by the placement of four asterisks after
"Height" in "B. Schedule" to provide in a footnote the
following: "****Life :Care Centers permitted by special
permit in the Agricultural District may be. constructed
to five stories and 60 feet in height."
5. Section 5 "Special Regulations" is hereby amended
by deleting Subsection (C)(3)(p) in its entirety and
substituting the following therefor:
(p) Senior Citizen Housing and Life Care Center
1. One off- street parking space for every two
(2) dwelling units.
2. One off - street parking space for every two
nursing beds.
3• One off- street parking space for every three
employees on the largest shift.
6. Section V(F), "Multiple Dwelling Complexes ", is
hereby amended by adding a Subparagraph 8 stating:
"The provisions of this Section pertaining to Multiple
Dwelling Complexes shall not apply to Life Care Centers
authorized by special permit."
7. Section V(I), Subsection 1, "Water Body Setback
and Wetland Protections ", is hereby amended by adding
to the end of the sentences appearing as 1(a) and 1(b),
and to the end of the first sentence of 1(c), the
following phrase: "provided, however, that roadways,
parking areas and other structures and improvements not
constituting primary use buildings shall be permitted."
8. The following is offered as an amendment to the
Town of Mansfield Zoning Map: "the premises described
below currently zoned Residence A are hereby rezoned to
the Agricultural District:
A certain parcel of land in Mansfield, Bristol
County, Massachusetts, situated on the Southwesterly
side of Willow Street, and shown as a part of a plan
entitled," Plan of Land in Mansfield, Mass. Belonging
to: A.L. Willis Co., Inc., P.O. Box 748, Mansfield,
Mass. Scale 1 " =40' Sept. 14, 1987. Rim Engineering Co.,
Inc. 150 North Main Street, Mansfield, Mass. ", bounded
and described as follows:
Beginning at a point on the southerly line of Willow
Street, the said point being the northeasterly corner
of land now or formerly of Carole A. Andrews,;
thence running Easterly and Southeasterly 800 + /- feet
by Willow Street to the land now or formerly of Doris
Y. Paiva;
thence running S 79 -53 -05 W, 18.48 feet by, the land of
Paiva;
thence running S 02 -08 -39 W, 223.74 feet by the land of
Paiva to a wall;
thence running S 89 -18 -27 W, 314.27 feet by the land
now or formerly of Malcolm and Joyce Fisher and Russell
S. and Patricia A. Mann to a drillhole;
thence running N 87 -30 -24 W, 241.86 feet by the land of
Fisher and Mann;
thence running S 57 -20 -38 E, 192.00 feet by the land of
Fisher and Mann;
thence running N 85 -03 -53 W, 88.01 feet by the
Northerly line of Fisher Lane;
thence running N 60 -27 -36 Westerly, 320.00 + /- feet by
the land now or formerly of the Town of Mansfield to
the center line of the Rumford River;
thence running Northeasterly, Northerly, Northeasterly
and Northwesterly by the center line of the Rumford
River 1,050 + /- feet to the easterly line of land of
Carole A. Andrews;
thence running N 25 -47 -08 E, 100 + /- feet by the land of
Andrews to the point of beginning;
or take any action in relation thereto.
BY PETITION: Allen L. Willis, Jr.
3 Gloria Drive
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