HANSON PLANNING BOARD
MINUTES OF PUBLIC HEARING
Held
SEPTEMBER 19, 2001 @ 8:00 P.M.
On
PROPOSED ZONING BYLAWS
For
OCTOBER 1, 2001 SPECIAL TOWN MEETING
Members Present: Philip Lindquist, Chairman
David Harris, Vice Chairman
Gerard LeBlanc, Clerk
Joan DiLillo, Member
Members Absent: Gordon Coyle, Member
Others Present: Noreen O’Toole, Town Planner
Barbara Ferguson, Administrative Assistant
I. Call to Order: 8:00 p.m. - Town Hall
A. Chairman Philip Lindquist advised all present that the meeting was being tape recorded and filed.
B. By a consensus of Board members and residents in attendance the reading of the following public hearing notice by Vice Chairman David Harris was waived. The full text of the proposed bylaw amendments was filed with the Town Clerk for posting on the official bulletin board in Town Hall on August 23, 2001 and a synopsis was published in the Hanson Town Crier on August 23 & 30, 2001.
TOWN OF HANSON
PLANNING BOARD
PUBLIC HEARING NOTICE
Notice is hereby given pursuant to Massachusetts General Laws, Chapter 40A, Section V, that a Public Hearing will be held on September 19, 2001, at 8:00 p.m. in the Hanson Town Hall, 542 Liberty Street, Hanson, MA by the Hanson Planning Board to consider amending the following sections of the Hanson Zoning Bylaw:
ARTICLE:
To see if the Town will vote to amend the Hanson Zoning Bylaw, Section VI, Use Regulations, and add a new section entitled “K. Adult Communities” or take any other action thereto:
K. ADULT COMMUNITIES
1. ADULT RETIREMENT VILLAGE (ARV)
An Adult Retirement Village (ARV), as approved by the Special Permit Granting Authority (SPGA)(Planning Board), is intended to: provide an alternative housing opportunity for the older population; provide an attractive and suitable residential environment that is more amenable to the needs of people in their later years; encourage creative and innovative site planning and design in order to enhance the attractiveness and suitability of smaller homes as a preferred alternative housing type in order to better meet the specific housing needs of this segment of the population and, to encourage the preservation of common land for open space and recreational use, by promoting better utilization of land in harmony with its natural features and to retain the rural character of the Town.
Where feasible, new homes shall be organized around traditional village streets. A central open space shall provide a focus for the community facility/building. The dwelling units shall be of high quality construction with care being taken in landscaping efforts to retain as much as possible the natural topography of the village environs. To enhance the village concept, the developer should be encouraged to employ historic, traditional and complimentary style, colors, and exterior lighting for all units as well as street lighting.
A. GENERAL STANDARDS: The following standards shall apply to all ARV Developments:
(1) Occupancy Qualifications: The ARV Development is specifically limited to use, residence and occupancy by persons who have achieved a minimum age of fifty-five (55) years, provided, however, that no more than one of the persons occupying any unit may be under fifty-five (55) years of age, unless otherwise qualifying as a handicapped adult, or as herein further provided. In addition, and only in proven cases of family emergency, as determined by majority vote of any homeowners’ association management board, no more than two (2) additional persons, above the number which is specifically herein authorized, who are under age fifty-five (55) and directly related, shall be allowed to be an occupant of any dwelling unit for more than six (6) months duration. Extensions of such
minimum time duration may be granted by majority vote of such board. Occupancy requirements shall be exclusive of nurses or others persons to provide health care services to any occupant of said dwelling unit. In the event of the death of the qualifying owner/occupant of a dwelling unit, or foreclosure or other involuntary transfer of a dwelling unit in an ARV, a two (2) year exemption shall be allowed for the transfer of the unit to another eligible household.
(2) Minimum Tract Size: ARV Developments shall be located on a parcel of land which has a gross area of not less than fifteen (15) acres and is located in the Agricultural/Recreation, Residence A, Residence AA, Residence B or Flexible Zoning Districts.
(3) Maximum Density Ratio: The maximum density ratio in the ARV shall be no greater than five (5) residential units per acre. The gross land area of the parcel minus the open space will be used in calculating compliance with this maximum density ratio.
(4) Distance Requirements: Within the ARV, there shall be a minimum distance of thirty (30) feet between each building and minimum set-back from the roadway layout of at least thirty (30) feet. No dwelling unit shall be located nearer than one hundred (100) feet from the traveled portion of any public way nor closer than fifty (50) feet from the perimeter lot lines.
(5) Open Space: Within the ARV, all open space shall be integrated within and around the development. Additionally, not less than twenty (20) percent of the total land area contained within the development shall be designated as open space and further provided that no less than twenty (20) percent of the designated open space land shall be suitable for use for passive and/or active recreational purposes. Community buildings and common facilities can be located within the open space. Area used for roadway layout shall not be used as open space area or site area.
(6) Multiple Uses: The site, when utilized for the purposes of this section and combined with any other use or uses, also allowed in this section, shall be of sufficient size, shape, topography and location or be capable of accommodating such multiple uses, as determined by the Planning Board.
B. SITE DEVELOPMENT STANDARDS
The ARV application shall show conformance with the following minimum requirements. The Special Permit Granting Authority (SPGA) may, in appropriate cases, waive, increase, reduce or modify these Site Development Standards as a condition of the Special Permit.
(1) Parking: Within the ARV, a minimum of two (2) parking spaces shall be required for each dwelling. Each parking space shall have an area of not less than ten (10) feet wide and nineteen (19) feet long. The parking area shall be paved and connected with a paved driveway to the roadway within the development. In order to reduce impervious area within the development, common driveways are encouraged.
(2) Dwelling Locations: Within the ARV, the dwelling locations shall be designated as part of the Special Permit Plan. Where possible, the dwelling location shall be oriented with respect to natural landscape features, scenic views, topography and natural drainage patterns. Additionally, dwelling locations shall show a “random layout” so as to minimize the visual effects of the density of the development.
(3) Utilities: Within the ARV, all utilities shall be installed underground. Each site shall be provided with a sanitary sewer service for the disposal of sanitary wastewater. The method of sanitary wastewater disposal shall conform with the requirements of the Hanson Board of Health and all Massachusetts Sanitary Codes and shall be approved by the Hanson Board of Health. No underground storage of petroleum products shall be allowed, and additionally, all storage of such products shall be within the structure.
(4) Antennas & Air Conditioners: Within the ARV, no dwelling unit shall have an exterior radio, television, dish-type antenna or window air conditioner.
(5) Foundations: Within the ARV, all homes shall be constructed on foundations meeting the minimum requirements of the Commonwealth of Massachusetts Building Code and the Town of Hanson Zoning Bylaws
(6) Ownership: The Planning Board shall have the authority to promulgate regulations to implement an Adult Retirement Village.
(7) On-Site Storage: Within the ARV, on-site enclosed storage must be provided for material which is used on a seasonal or infrequent basis and which cannot be conveniently stored in the dwelling unit. Each storage building must be uniformly constructed of non-ferrous materials and erected on a concrete slab. The individual storage building shall have a minimum outside dimension of five (5) feet by seven (7) feet or a maximum of six (6) feet by eight (8) feet with a height of eight (8) feet. The storage building shall be located in an unobtrusive location. When possible, two or more storage buildings may be combined. There shall be no side line set-back distance for storage buildings located within a home site, however, storage buildings shall not be located
within fifty (50) feet of the perimeter of the development.
(8) Access Ways: Within the ARV, all roads shall have a minimum layout width of forty (40) feet and a paved roadway consisting of a minimum travel width of twenty (20) feet with two eighteen (18) inch wide “cape-cod style” berms for a total minimum pavement width of twenty-three (23) feet. The access ways shall be designed and constructed in general accordance with the latest Rules and Regulations governing the subdivision of land in Hanson. Except that the pavement width and berm requirements as presented herein shall apply. Each access way shall be provided with at least one sidewalk, four (4) feet in width. Wheelchair ramps shall be provided at all intersections. Street lighting and fire hydrants shall be provided along the roadways throughout the development.
(9) Roads, Drainage, Driveways: Within the ARV, all roads, drainage systems and driveways shall be maintained by the governing body or its designee. They shall be kept passable and in good condition at all times. Snow and ice removal shall be done by the permittee as part of the normal road and driveway maintenance. It is intended that all improvements within the development remain in private ownership and be maintained by the governing body or its designee.
(10) Open Space: Open space shall be allocated to the recreational amenities and environmental enhancement of the development and shall be designed as such on the Special Permit plan.
(11) Buffer Zone: Within the ARV, there shall be a buffer zone of at least fifty (50) feet in width around the entire perimeter of the development. The buffer zone may include land area designated as a recreational site, if determined to be appropriate by the SPGA. The buffer zone shall include natural vegetation, plantings, walls, fences or vegetated earthen berms to provide a screening barrier between the development and the abutting properties. Screening plantings shall be used in combination with fences or walls. The buffer zone and its associated screening barrier shall be designated on the special permit plan. The detailed plan for planting and screening shall be prepared by a Registered Landscape Architect and shall be part of the Special Permit application. The
actual requirements regarding buffering, plantings, screening, and the like shall be determined by the SPGA as part of the special permit process.
(12) Community Building: Within the ARV, there shall be a community building(s) and recreational facilities which shall be available to all residents and their guests. Use of the community building(s) or facilities is specifically limited by this by-law to uses that will service the residents within the ARV. All uses within the development shall be delineated as part of the Special Permit application and must be specifically approved by the SPGA as an integral part of the Special Permit.
13) Business: Within the ARV, no business of any kind is to be conducted unless specifically authorized by the Special Permit herein granted.
(14) Solid Waste: Within the ARV, the governing body or its designee shall be responsible for the disposal of all the solid waste(s) by a method or system approved by the Hanson Board of Health. Containers shall be screened from public view.
(15) Wastewater: Within the ARV, the governing body or its designee shall maintain the system(s) for the subsurface disposal of sanitary wastewater as required by the Hanson Board of Health.
(16) State Law: The ARV shall conform with the requirements for a self-contained retirement community as established by Massachusetts General Laws, Chapter 151B, Section 4, Subsection 8, together with any amendment thereto.
C. SPECIAL PERMIT PROCEDURES:
(1) The application for a Special Permit for a ARV shall be filed with the SPGA, with a copy of the application form filed with the Town Clerk. The application shall be accompanied by ten (10) copies of the Special Permit plan and all pertinent information required to support the subject application.
(2) The Special Permit plan shall show the seal and signature of a Registered Professional Engineer or Registered Landscape Architect. Complete copies of the application and all documents shall be filed with and reviewed by the Board of Health, Water Commissioners and the Conservation Commission prior to filing with the SPGA.
(3) The Special Permit plan shall provide sufficient detail to show the entire development, roadway systems, dwellings, community buildings and facilities, unit locations, buffer zones, open space and an analysis of the development showing compliance with site area, density and open space requirements.
(4) The Special Permit plan shall be prepared in general accordance with the Subdivision Regulations for a Definitive Plan.
(5) In addition, the Special Permit plan shall show the proposed system for sanitary wastewater disposal, proposed screening plantings, wetlands, water bodies, flood zones, vegetative cover and other natural features.
(6) The application package shall also include a narrative describing the tract of land, the surrounding neighborhood, and the possible impact(s) the development would have on the surrounding area. The narrative shall also include detailed information on the type of housing units to be used in the development, community buildings, recreational facilities and information in regard to the proposed operation of the ARV including anticipated community rules and regulations.
(7) The Special Permit for the site plan shall only be issued by the SPGA following a public hearing held within sixty-five (65) days after the filing of the application. Any Board or Commission to which copies of the application was submitted for review, shall submit, in writing, any comments and/or recommendations as it deems appropriate to both the SPGA and the Applicant within forty-five (45) days of the receipt of said application. If no response is received within the forty-five (45) days, it shall be assumed by the SPGA that no response is required.
(8) The Special Permit granted under this by-law shall lapse if not exercised within three (3) years after the Special Permit is granted, unless the SPGA extends the period following written request for extension by the licensee.
(9) An Adult Retirement Village and an Assisted Living Facility may be combined into one project on one parcel of land at the discretion of the Special Permit Granting Authority.
2. ASSISTED LIVING FACILITY (ALF)
An Assisted Living Facility (ALF) is a non-institutional residential facility subject to certification by the Executive Office of Elder Affairs under G.L. Chapter 19D, defined as an entity, however organized, whether conducted for profit or not for profit, which meets all of the following criteria:
a. Provides room and board;
b. Provides assistance with activities of daily living and personal care services for three or more nonrelated adult residents; and
c. Collects payments or third party reimbursements from or on behalf of residents to pay for the provision of assistance.
Assisted living facilities are for elders who do not require twenty-four (24) hour skilled nursing care, but need assistance with dressing, bathing, eating, housekeeping, medicine monitoring and other activities of daily living. This definition shall not include group homes, rooming or lodging houses, nursing facilities or other types of elderly housing.
A. GENERAL STANDARDS
(1) Applicability: The Planning Board is the Special Permit Granting Authority (SPGA) for Assisted Living Facilities as defined in this bylaw and, in appropriate cases, the SPGA may waive, increase, reduce or modify these standards as conditions of the Special Permit.
(2) Building Height: Any addition or new construction shall not exceed forty (40) feet in height, as measured in accordance with the State Building Code, or three stories. This does not preclude the reuse and renovation of existing structures which may exceed this height limit.
(3) Minimum Lot Size: An assisted living facility shall be permitted in the Agricultural/Recreation, Residence A, Residence AA, Residence B, and/or Flexible Zoning Districts on a parcel containing a total area of not less than five (5) acres.
(4) Building Coverage: The maximum building coverage, including accessory buildings, shall not exceed thirty (30) percent of the lot area for new construction or expansion of existing structures.
(5) Distance Requirements: There shall be a minimum distance of thirty (30) feet between each building and minimum setback from the roadway layout of at least thirty (30) feet. No dwelling unit shall be located nearer than one hundred (100) feet from the traveled portion of any public way nor closer than fifty (50) feet from the perimeter lot lines. Buffers may be required at the discretion of the SPGA.
(6) Setback From Residential Dwellings: In all designated zones, all buildings associated with the assisted living facility shall be no closer than two hundred (200) feet from existing residential dwellings; however, with respect to accessory structures not greater than three hundred (300) square feet in said zones, the SPGA, in its discretion, may reduce said setback by an amount up to but not greater than one hundred (100) feet if it determines that said structure will not adversely impact the use and enjoyment of the existing residential dwelling.
(7) Minimum Living Space: Every dwelling unit shall be at least three hundred (300) square feet for one person and four hundred (400) square feet for double occupancy.
B. OTHER REQUIREMENTS
(1) Services: Assisted living residences shall be serviced by sewer of sufficient capacity to serve the project and public water. Any extension and/or replacement of sewer and/or water lines necessary to provide sufficient capacity shall be the responsibility of the applicant.
(2) Transportation Services: The operator of the assisted living residence shall be required to provide or arrange transportation for ALF residents to and from local services and medical facilities, as required.
(3) Common Open Space: The common open space shall consist of not less than twenty (20) percent of the total area and shall be retained in perpetuity for conservation or passive recreation use. No more than twenty-five (25) percent of the minimum required open space shall be situated within wetlands.
(4) Parking: The minimum number of parking spaces provided on the lot shall be 0.5 parking space per assisted living unit plus one (1) parking space per employee during the largest shift. The Planning Board, in its discretion, may require additional parking spaces to serve the needs of employees, visitors and service vehicles, such spaces to be provided in a “reserve parking area” which would not be built unless determined necessary by the Inspector of Buildings.
(5) Access and On-Site Circulation: Adequate on-site circulation shall be provided to and from the site, taking into consideration the adjacent sidewalks and streets and accessibility of the site and building(s) thereon for emergency vehicles. Adequate provision shall be made for off-street loading and unloading requirements of delivery vehicles and passengers using private transportation
(6) Public Safety: For any assisted living residence, the structure shall comply with the National Fire Protection Association Life Safety Code, including sprinklers. The facility shall also have an integrated emergency call, telephone and other communication system to provide monitoring for its residents. There shall be sufficient site access for public safety vehicles. A plan shall be approved by the Hanson Fire Department for the emergency evacuation of residents with emphasis on ensuring the safety of residents with physical impairments.
(7) Landscaping: Suitable landscaping and screening is required to obscure visibility of parking areas, dumpster locations, and loading areas. In all designated zones, the minimum setback from all property lines of such parking lots, dumpster locations and loading areas, except for their points of ingress and egress, shall be fifteen (15) feet.
(8) Accessory Uses: The operator of the assisted living facility may also provide optional services on the site for the convenience of residents, including, but not limited to barber/beauty services, sundries for personal consumption, laundry services, and other amenities, provided such uses serve primarily the residents and staff of the Assisted Living Facility and the accessory uses shall be wholly within the facility and shall have no exterior advertising display or signage.
(9) Special Permit Procedure: The procedure for a special permit under this section shall comply with the procedures outlined in ARV Section K.1.C of this bylaw, which includes application procedures, special permit criteria and guidelines for Planning Board review of the proposal. The Planning Board may impose additional conditions, if in its judgment, such conditions are needed to increase the compatibility of the project with its surrounds or to better provide for the residents.
(10) Combined Units: An Adult Retirement Village and an Assisted Living Facility may be combined into one project on one parcel of land at the discretion of the Special Permit Granting Authority.
Proposed by the Zoning Bylaw Committee
ARTICLE:
To see if the Town will vote to amend Hanson Zoning Bylaw, Section II, Definitions by inserting the following definitions in alphabetical order or take any other action in relation thereto.:
Adult Retirement Village (ARV)
An area of land, designed and developed as an integrated community, which departs from the zoning regulations conventionally required in the Agricultural-Recreation, Residence A, Residence AA, Residence B and/or Flexible Zoning Districts, and is restricted to households in which at least one permanent occupant is fifty-five (55) years of age or older.
Assisted Living Facility (ALF)
According to Massachusetts General Laws, Chapter 19D, assisted living facilities are for elders who do not require twenty-four (24) hour skilled nursing care, but need assistance with dressing, bathing, eating, housekeeping, medicine monitoring and other activities of daily living. This definition shall not include group homes, rooming or lodging houses, nursing facilities or other types of elderly housing.
Open Space
For purposes of this bylaw and except as noted herein, open space shall be defined as that portion of any lot which is not occupied or otherwise located beneath buildings, structures or areas used for parking, loading, access, storage or solid waste disposal activities. Fences, walls, signs, and drainage facilities permissible under subdivision regulations may be allowed within and may comprise a portion of the open space provided said land remains largely landscaped with natural or planted vegetation. Wetlands, as defined by Section 40 of Chapter 131, Massachusetts General Laws, may also comprise a portion of the open space, but not exceeding in percentage the proportion of wetlands within the entire lot.
Proposed by the Zoning Bylaw Committee
The two zoning articles have been submitted for and are included in the warrant for the Special Town Meeting to be held on October 1, 2001 at 7:30 p.m. at the Hanson Middle School. At the Special Town Meeting, the Planning Board will, as required by law, make recommendations to the voters. The hearing advertisement in the Hanson Town Crier on August 23 and 30, 2001 contained a synopsis of the Adult Communities Bylaw proposed. The full text of the proposed amendment, a copy of the existing zoning bylaw, and a zoning map are available for public viewing during regular business hours at the Office of the Town Clerk.
Philip R. Lindquist, Chairman
Hanson Planning Board
II. Presentation of Zoning Articles
Lila Coyle, chairman of the Zoning Bylaw Committee, told attendees that the committee had been working for over a year on the Adult Community Bylaw. The bylaw to be presented to Town Meeting, she pointed out, has two parts. The first is for an Adult Retirement Village and the second for an Assisted Living Facility. The two separate entities can be combined on the same lot, she said, with a special permit from the Planning Board with a minimum of 15 acres required for an Adult Retirement Village of homes for people age 55 or older and 5 acres required for an Adult Living Facility, which is for people who need help with their daily living activities. A second article would add Adult Retirement Village, Assisted Living Facility and Open Space t
the existing Definitions Bylaw. Town Planner Noreen O’Toole noted that the bylaw would apply to all residential zones and the flexible zone.
III. Questions from Abutters
Clerk Gerard LeBlanc advised those present that the following abutters had been notified of the hearing on August 23, 2001 as required by Massachusetts General Laws, Chapter 40A, Section 5:
Dept. of Housing & Community Development,
Metropolitan Area Planning Council
Old Colony Planning Council
Planning Board of Hanover
Planning Board of Halifax
Planning Board of Pembroke
Planning Board of Rockland
Planning Board of Whitman
Planning Board of East Bridgewater
Donald Schmidt, Principal Land Use Planner, Department of Housing and Community Development
No representative of any of the above agencies notified was present to speak at the hearing nor were any communications received.
IV. Questions from the Public
The density requirement for an assisted living facility was questioned by an unidentified attendee. David Harris, who is a member of both the Planning Board and Zoning Bylaw Committee, said that the maximum building coverage including accessory buildings shall not exceed 30% of the lot area for new construction or expansion of existing structures.
Mrs. Coyle said that the committee wanted to make sure that there was sufficient open space so the ruling was made that the developer could have no less than 20% of the land area set aside as open space.
Arthur Brasil of County Road asked why dish antennas were not allowed in an Adult Retirement Village and was told by Mrs. Coyle it was for aesthetic reasons stating that any development would be wired for cable television. Mr. Brasil noted that the town was only proposing to sell 18 acres to Baran Partners for a proposed facility at the former Plymouth County Hospital site when the zoning article proposed would require 20 acres. Mrs. Coyle said that waivers were allowed under the special permit provisions of the proposed bylaw.
An unidentified attendee questioned the prohibition of window air conditioners and was told by Mrs. Coyle that any project would have central air conditioning.
V. Questions/Comments from Other Town Boards/Departments
Executive Secretary E. Winn Davis advised the Board that he had received a letter from Kopelman & Paige, town counsel, which recommended minor technical changes in the wording of both articles and presented the Board with copies of the articles with the proposed additions and changes underlined as follows:
VI. Questions from Planning Board Members
Chairman Philip Lindquist said that he was assuming that the proposed bylaw would give the Planning Board the authority to create rules and regulations governing an Adult Retirement Community and Mrs. Coyle said that he was correct. It was noted that the changes proposed by Town Counsel will be incorporated into an informational warrant with amendments made to the printed warrant on the floor at town meeting.
An unidentified attendee, who is an abutter to the former Plymouth County Hospital site, then asked about setbacks and was told that any concerns regarding setbacks should be addressed when that project comes before the Planning Board.
Another unidentified attendee asked about the 55 and over requirement and was told that at least one resident must be age 55 and older. If that person should die, Mrs. Coyle said, any other occupant would have two years to find another place to live.
VII. Findings
Motion to Recommend the Adult Community Zoning Bylaw amendment at the October 1, 2001 Special Town Meeting with Town Counsel’s recommended changes: David Harris
Second: Gerard LeBlanc
Vote 4-0
Motion to Recommend the proposed amendments to the Zoning Bylaw Definition Article at the October, 2001 Special Town Meeting with Town Counsel’s recommended changes: David Harris
Second: Gerard LeBlanc
Vote 4-0
VIII. Adjournment
Motion to Close the Hearing: David Harris
Second: Gerard LeBlanc
Vote: 4-0
| 
