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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 1 Planning Board's Minutes 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. P4 Planning Board's Minutes March 23, 1988 Page -3- 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. l 41 Planning Board's Minutes March 23, 1988 Page -4- 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 M Planning Board's Minutes March 23, 1988 Page -5- 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. y DATE 11 RK y DATE 11 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 I 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 l