HANSON PLANNING BOARD
Minutes of the Meeting of
May 24, 2000
Members Present: Philip Lindquist, Chairman
Gerard LeBlanc - Clerk
Gordon Coyle - Member
Joan DiLillo - Member
Others Present: Noreen O’Toole - Town Planner
Barbara Ferguson - Administrative Assistant
Absent: David Harris - Vice Chairman
I. CALL TO ORDER
II. ACCEPTANCE OF MINUTES
Meeting of May 20, 2000
Motion to Accept the Minutes of the Meeting of May 20, 2000: Gordon Coyle
Second: Joan DiLillo
Vote: 4-0
Meeting of May 10, 2000
Motion to Accept the Minutes of the Meeting of May 10, 2000: Gordon Coyle
Second: Gerard LeBlanc
Vote: 3-0-1 (Joan DiLillo abstaining)
Meeting of December 17, 1997
Motion to Accept the Minutes of the Meeting of December 17, 1997: Gerard LeBlanc
Second: Gordon Coyle
Vote: 3-0-1 (Joan DiLillo abstaining)
III. TOWN PLANNER’S REPORT
Master Plan Committee
Town Planner Noreen O’Toole advised the Board that Carol Thomas of Thomas Planning Associates will be mailing a draft of the Housing Component element of the Master Plan for review by the end of May. Ms. Thomas has contacted the Housing Authority for additional information. Ms. O’Toole said she will be going to Boston next week to meet with Ms. Thomas to edit the draft. Ms. O’Toole said she will be setting a meeting date for the Master Plan Committee after the visit to Boston.
Hanson Trails Committee
Ms. O’Toole told the Board the next meeting of the Hanson Trails Committee will be held on June 14. The agenda for the meeting has not as yet been established.
OCPC Transportation Committee
Ms. O’Toole said the next meeting of the Old Colony Planning Council Transportation Committee is scheduled for June 1. At the last meeting there was a power point program on the history of transportation and land use in the City of Brockton which she will attempt to have presented to the Board. She said the funding for improvements at Routes 14 and 27 has increased from $300,000 to $1 million, and she will attempt to find out what is going on with this project. The improvements will probably not occur this summer as scheduled, Ms. O’Toole said. She said she also learned at the meeting that Hanson will be receiving a new buildout analysis. Chairman Philip Lindquist asked her to find out if the proposed improvements to the Routes 14 and 27
intersection have ever come before the Board of Selectmen.
Vision 2020
Ms. O’Toole said the Land Use and Natural Resources Task Force of the Vision 2020 Task Force, of which she is a member, will be meeting with the Vision 2020 Task Force Executive Committee on June 13 in conjunction with the Community Preservation Southeast Super Summit to be held at Middleboro High School on June 17. The next Vision 2020 Task Force meeting will be June 27. Ms. O’Toole said that the Land Use and Natural Resources Task Force will be conducting a number of regional meetings within local communities. She promised to provide the Board with a copy of the Vision 2020 Task Force’s New Mayflower Compact.
IV. NEW BUSINESS
Valerie Talmage
Trust for Public Land
Ms. Talmage told the Board that The Trust for Public Land is a national organization whose mission is to save and conserve land. The office for the New England region is located in Boston. To government agencies, she said, The Trust offers the flexibility of a nonprofit partner to secure land for permanent protection and public use. Some of the services offered are environmental assessments, legal reviews, appraisals, and survey work. The organization is primarily funded through contributions from landowners which are collected at the closing. The town would never be asked to pay more than market value, she said. The Trust holds no land permanently, she said, and communities should be fairly certain of public support for a project before
seeking assistance from The Trust. Chairman Philip Lindquist told Ms. Talmage that the Hanson Trails Committee is interested in providing a local link to the Bay Circuit Trail. Ms. Talmage and Hanson Trails Committee members Philip and Alan Clemons met in the Planning Board office following her presentation to discuss issues related to the Hanson trail.
Form A/ANR
Ross Engineering, Anne Marie Lane
The Board met with Paul Mirabito of Ross Engineering Company, Inc. of Norwell and Attorney William Ohrenberger of Ohrenberger Associates of Scituate to discuss an application filed by Mark Gardner of Rockland for endorsement of a plan believed not to require subdivision approval. The property is located at the end of Bonney Hill Lane. The plan calls for an extension of Anne Marie Lane to the width of the pavement at the end of Bonney Hill Lane and also the subdivision of parcels 108 and 116 on Assessors Map 64 into four lots. The current owner is Thomas Whyte of Plymouth who purchased the property in 1977 and subsequently constructed a driveway and a dwelling. At the conclusion of the discussion, the Board determined the division of the property into four
parcels would require subdivision approval and denied the plan.
Winslow Estates
Russell Wheatley & Carl Djustberg
Carl Djustberg and his engineer, Russell Wheatley of Abington, met with the Board to discuss Mr. Djustberg’s interest in developing land remaining in the Winslow Estates subdivision off Whitman Street. The land is located off Orchard Avenue. A preliminary plan prepared by Mr. Wheatley for Mr. Djustberg shows six lots on a proposed 780 foot road with a cul-de-sac. All of the lots would meet the requirements of a Residence AA District. As the time has long expired for development under the original subdivision approval for Winslow Estates, Mr. Djustberg was told that a new application under subdivision control would be required.
Draft on Paper Streets and Grandfathered Lots
Board members said that they would review a draft prepared by Town Planner Noreen O’Toole on paper streets and grandfathered lots and discuss it at the next meeting.
Planning Board Representative to Roller Coaster Road Committee
Chairman Philip Lindquist volunteered to serve as the Planning Board’s representative to the Roller Coaster Road Committee authorized by voters at the May 1 town meeting.
Motion to Recommend tto Selectmen the Appointment of Chairman Lindquist to the Roller Coaster Road Committee: Gordon Coyle
Second: Gerard LeBlanc
Vote: 3-0-1 with Joan DiLillo abstaining
V. OLD BUSINESS
Pine Street, Lot 66G, Adequate Access
Brian Dunn, J.K. Holmgren, & Attorney Robert Galvin
Brian Dunn of J.K. Holmgren, registered professional engineers and land surveyors, of Brockton, and Attorney Robert Galvin of Duxbury, representing Robert and Wendy Benoit of 30 Pine Street, met with the Board to discuss access to Lot 66G Pine Street. Executive Secretary E. Winn Davis and Selectman Judith Murdoch also attended the meeting.
The access issue has been the topic of discussion at several previous meetings with representatives of the Benoits claiming a right of access to the parcel over Fuller Street and a representative of abutter Joan Campbell of Reed Street contending that Fuller Street is a private driveway that has been deeded to her. The lot was sold to the Benoits by the Town of Hanson at public auction.
Attorney Galvin said that he has researched the deeds of all of the property in question and concluded that the Benoits have the right to use both Fuller and Pine Streets to access Lot 66G. According to Massachusetts General Law, he said, when a lot is shown on a plan fronting on a street, the owner of not only that lot but also all other lots shown on the plan have the right to uses these streets, whether improved or not improved.
Chairman Lindquist said the onus is on Mrs. Campbell to prove the Benoits do not have access over Fuller Street. It is not the Board’s responsibility to interpret deeds, he said, but rather to determine what road improvements would be required for adequate access. Attorney Galvin produced a letter from Police Chief Russell King indicating adequate access for public safety. Ms. O’Toole said that she had spoken to Fire Chief Peter Huska and been advised that he would need to look at a plan before making a decision on public safety.
The Board said that the roadway on Pine Street would have be widened to18 feet and improved from Fuller Street to encompass all of the property’s frontage on Pine Street. Mr. Dunn was advised to return with a new plan showing roadway dimensions and construction materials to the specifications requested by the Board. He was also told to indicate on the plan his clients’ intentions for improvements to Fuller Street. The information will then be forwarded to the Police and Fire Departments for their input on the proposed plan.
Adequate Access, Lot 84B Charles Street
Al Vautrinot for Elko Construction
Donald Ellis of Elko Construction, and his engineer, Al Vautrinot of Plympton, met with the Board to once again discuss access to Lot 84B, Map 2, on Charles Street. Executive Secretary E. Winn Davis and Selectman Judith Murdoch also attended the meeting. Mr. Vautrinot showed the Board a new map which identified all lots on the plan and more clearly defined drainage as requested at the May 10 meeting.
Mr. Davis told the Board that he had spoken to Town Counsel about the easement filed by Mr. Ellis at the Plymouth County Registry of Deeds granting the town use of the paved road known as Hancock Street over Lots 654, 655, 656 and 657 on Hanson Assessors Map 2M, for all purposes for which streets and ways are commonly used, for access to Charles Street. Mr. Ellis said that he filed the easement so the new owner of the property could not restrict the town from use of the roadway which currently passes over the site.
Mr. Davis said he was told by counsel that an easement unilaterally granted would not be binding on the town. Both the Board of Selectmen and town meeting would have to vote to accept the easement, he said. Another alternative, he said, would be for Mr. Ellis to grant an easement to all of the residents of Charles Street. The question of use of the portion of the existing pavement from the end of Charles Street to Hancock Street that is on town-owned property, he said, is a separate issue that should be addressed with the Board of Selectmen. Member Gerard LeBlanc said that he was also not comfortable with the drainage proposed and would like to see a drainage easement granted to the residents of Charles Street as well. Chairman Lindquist said that a letter
would be drafted to Selectmen outlining the situation and advising them that the portion of the paved roadway that falls on the town-owned parcel needs to be addressed.
Construction Cost Estimate, Meadow Brook Estates
Edward Johnson & Bernard Munro
Developer Edward Johnson and his engineer, Bernard Munro of Land Planning, Inc. of Hanson, met with the Board to discuss proposed revised figures on a Construction Cost Estimate for Performance Guarantee for the Meadow Brook subdivision. P.M.P. Associates of East Bridgewater, the Board’s engineer for the project, has recommended a total surety of $167,755. The total suggested by Mr. Johnson in a May 10, 2000 memo to the Board was $97,102.50. At the Board’s request, Town Planner Noreen O’Toole did a unit price comparison between the figures recommended by P.M.P. and those recommended by the Board’s engineers on other recent projects. As she suggested at the last meeting, Board members did a site
inspection at the subdivision on May 20. Mr. Munro told Board members their concerns with the condition of the base course will be corrected when the leveling course is applied. All of the other issues noted during the site inspection will also be addressed, he said. Following a review of Ms. O’Toole’s unit price comparison and the proposed revised figures, which totaled $105,304, the Board agreed to a surety of $110,000 and approved the release of Lots 7, 8, 9, 10, 11, 12, 13, 14, and 15.
Motion to set the bond for Meadow Brook Estates at $110,000 and release Lots 7, 8, 9, 10, 11, 12, 13, 14, and 15 with the stipulation that the base course must be brought up to Planning Board standards prior to the issuance of any certificates of occupancy: Gerard LeBlanc
Second: Joan DiLillo
Vote: 4-0
Adequate Access, Robert Junior
Hill Street & Hawthorne Streets
Robert Junior met with the Board for the third time to discuss his request for a determination on adequate access to four lots on Hill and Hawthorne Streets identified as Lots 62A-2, 62A-3, 62A-4 and 62A-5 on Assessors Map 15. The lots were created as part of a seven-lot Form A/ANR Plan approved by the Board in 1989. The proposed improvements are shown on a plan dated April 17, 2000. The plan was revised on May 18, 2000 to change the location of one hydrant, add one hydrant, and indicate an easement to Lot 62A-4. A letter from the Water Department regarding its requirement that the water main be extended down Baker Street and Hill Street to Monponsett Street was read into the record. The letter also stated that the water main had to be
installed in the shoulder of the road behind any catch basins and that all water services would be connected off Hill Street. The department is also requiring an easement through Lot 3 for water service to Lot 4. Mr. Junior said that he would like to have a letter from the Board to take to the bank indicating its determination that the proposed access to the four lots is adequate. He said the letter should also cite applicable sections of the town bylaws. The Board told him no building permits would be issued until all improvements referenced in his revised plan have been completed.
Motion to accept the plan of land by Robert A. Junior, P.E., dated April 17, 2000, revised on May 18, 2000 for proposed improvements to Hill and Hawthorne Streets for access to Lots 2, 3, 4, and 5 as shown on the plan with the provision that, when the work is completed according to the subject plan, the Planning Board will sign off for building permits: Gerard LeBlanc
Second: Gordon Coyle
Vote 4-0
VI. ADJOURNMENT - 10:30 p.m.
Motion to adjourn: Gordon Coyle
Second: Gerard LeBlanc
Vote: 4-0
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