HANSON PLANNING BOARD
Minutes of the Meeting of
July 12, 2000
Members Present: Philip Lindquist, Chairman
David Harris - Vice Chairman
Gerard LeBlanc - Clerk
Gordon Coyle - Member
Joan DiLillo - Member
Others Present: Barbara Ferguson, Administrative Assistant
I. CALL TO ORDER
II. ACCEPTANCE OF MINUTES
Meeting of June 21, 2000
Motion to Accept the Minutes of the Meeting of June 21, 2000: Gordon Coyle
Second: Joan DiLillo
Vote: 5-0
III. APPOINTMENTS
Robert & Wendy Benoit
Adequate Access, Lot 66G Pine Street
The Board met with Brian Dunn of J.K. Holmgren, registered professional engineers and land surveyors, of Brockton and Robert and Wendy Benoit regarding adequate access to Lot 66G Pine Street. Chairman Philip Lindquist read a June 29, 2000 letter from Town Planner Noreen O’Toole to Attorney Kathleen O’Donnell of Kopelman & Paige, Town Counsel, asking whether a public hearing should be held for adequate access determinations and a note from Administrative Assistant Barbara Ferguson advising that Ms. O’Donnell had stated during a telephone conversation on July 11, 2000 that a hearing is not necessary. Chairman Lindquist also read a memo from Police Chief Russell King stating that, after reviewing the plans submitted by the Benoits, he had
determined that there is enough room for emergency vehicles to enter and exit the area and a memo from Acting Building Inspector Donald Robbins indicating that there were questions he would need answered about the parcel before he could issue a building permit. Mr. Benoit said that, in addition to the improvements to Pine Street noted on the plan submitted, he intends to fill in any potholes on Fuller Street.
Motion to accept the plan of land by J.K. Holmgren & Associates, Inc., prepared for Robert & Wendy Benoit, dated May 24, 2000, Drawing Numbers C-1 through C-3, for proposed improvements to Pine Street for access to Lot 66G, Pine Street, 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 a building permit: Joan DiLillo.
Second: Gordon Coyle
Vote: 5-0
Attorney Susan Maire
LoGuidice Property, Meetinghouse Lane
The Board met with Attorney Susan Maire of Halifax to discuss a lot owned by Louise LoGuidice on Meetinghouse Lane that had been deemed by Building Inspector’s office and Board of Appeals to have inadequate frontage. Those decisions are currently being challenged by Mrs. LoGuidice in court. Attorney Maire said that Jonathan Silverstein of Kopelman & Paige had suggested that she come before the Planning Board for input in an attempt to keep the legal costs down for both the town and her client.
The Board reviewed pertinent Planning Board minutes from 1997 and 1998, an August 15, 1997 opinion from Kopelman & Paige to former Building Inspector Samuel Germaine, a Form A plan approved by the Planning Board in 1957, and the January 29, 1998 decision from the Board of Appeals upholding Germaine’s refusal of a building permit for the parcel.
Ms. Maire contends that the lot, which meets all the town’s dimensional requirements, is on a way which was recognized by the town when the Form A plan was approved and when a building permit was issued for a house on another parcel. The Board noted a comment in Town Counsel’s opinion to the Building Inspector that an erroneous action taken by a public official or body is not binding when making a subsequent decision on an issue. The Board advised Ms. Maire that they wished to take the information and the comments she offered during the meeting under advisement and suggested that she make a visit to the site.
Elko Construction
Lots 53B & 84B, Charles Street
The Board met with Donald Ellis of Elko Construction and his engineer Al Vautrinot of Plympton to discuss his request for an adequate access determination for two lots on Charles Street. The Board reviewed a copy of an easement Mr. Ellis has had drawn up granting the residents of Charles Street the right to travel over a privately owned lot to access their property. The Board said that access over a town-owned parcel would also be required. There is currently a paved surface over both parcels that has been used by residents of Charles Street to access their property but no road layout. Mr. Ellis was advised that the Planning Board had sent a memo on July 6, 2000 to the Board of Selectmen with a copy to Executive Secretary Winn Davis advising
that the Planning Board recommends that the town lay out a street at a width equal to Hancock Street across the town-owned property from Hancock Street to Charles Street. Mr. Ellis said that he would speak with Mr. Davis and made an appointment to return to the Board on August 9, 2000 at 7:30 p.m.
IV. NEW BUSINESS
Notification of Preliminary Subdivision Filing in Whitman
Board members informally noted the filing of a Rye Hill Estates preliminary subdivision plan in Whitman.
Meeting Dates
Board Chairman Philip Lindquist set August 9 and 23 as the meeting dates for the rest of the summer.
V. OLD BUSINESS
Correspondence Regarding Release of 61A Land
Chairman Lindquist read a copy of a memorandum from Executive Secretary Winn Davis advising of a request from Bee 9 Nominee Trust, Rickart A. Connole, Trustee, for release of Lots 1273, 1275, and 1281 on Cushman Street and Lot 1286 on Snow Street from Chapter 61A and seeking input from the Board. He then read the Board’s July 10, 2000 reply
VI. ZONING BOARD HEARINGS
1) Matthew & Kim Burns for a variance to allow the construction of a 28 ft. x 30 ft. in-law apartment, single level, on the property located at 86 Whitman Street, Map 106, Lot 0006B-03, Hanson Assessors Map.
COMMENT: NO COMMENT
2) Lynne Johnson for a variance/special permit to allow the demolition of the existing house and the construction of a 24 ft. x 34 ft. Cape Cod style house with a full foundation, 40 Squantum Avenue, Map 002, Lot 0813, Hanson Assessors Map.
COMMENT: NO COMMENT
3) Sherri LaMattina-Howell for a special permit to allow the construction of a second-story addition to a single-family home located at 232 Winter Street, Map 90, Lot 36, Hanson Assessors Map.
COMMENT: NO COMMENT
VII. ADJOURNMENT
Motion to Adjourn: Gerard LeBlanc
Second: Gordon Coyle
Vote: 5-0
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