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Planning Board Minutes - June 6, 2001
 HANSON PLANNING BOARD
Minutes of the Meeting of
June 6, 2001


Members Present:        Philip Lindquist, Chairman
                        David Harris, Vice Chairman
                        Gerard LeBlanc, Clerk
                        Joan DiLillo, Member
                        Gordon Coyle, Member

Others Present: Town Planner Noreen O’Toole
                        Administrative Assistant Barbara Ferguson

I.      CALL TO ORDER - 7:30 p.m.

II.     REORGANIZATION OF BOARD

        The Board decided to postpone reorganization to the June 20, 2001 meeting and to meet only once in July on Wednesday, July 18, 2001.

III.    ACCEPTANCE OF MINUTES

        Meeting of May 16, 2001

        Motion to Accept the Minutes of May 16, 2001: David Harris
        Second: Joan DiLillo
        Vote: 4-0-1 (Gordon Coyle abstaining)

IV.     TOWN PLANNER’S REPORT

        Master Plan Committee
        
        Town Planner Noreen O’Toole said the next meeting of the Master Plan Committee will be held on June 13, 2001.  An informational packet will be sent to members before the meeting.  Carol Thomas of Thomas Planning Services will be in attendance.

        Hanson Trails Committee

        Chairman Philip Clemons said the committee will be meeting before the end of the month.  He reported that Hanson was successful in receiving a grant from the state Department of Environmental Management of $4,000 for work on a trail from Camp Kiwanee to the Pembroke town line.  Pembroke received a similar grant, he said.  Most of the money will be spent for surveying, Mr. Clemons said.

        Old Colony Planning Council

        Ms. O’Toole informed the committee that the Old Colony Planning Council will be holding master plan workshops on June 14, 2001 at 1 and 6 p.m. in Brockton.  She said she would be attending, and Chairman Philip Lindquist and member Joan DiLillo said that they would also be interested in attending.  
        
        Vision 2020
        
        Ms. O’Toole said there is nothing new with Vision 2020.

        Zoning Bylaw Committee

        Ms. O’Toole advised the Board that she and members of the Zoning Bylaw Committee met the previous evening with the Board of Selectmen and a representative from Baran Partners of Wellesley, the firm selected by Selectmen for developing a portion of the former Plymouth County Hospital site, to discuss a zoning bylaw specific to housing for those age 55 and older.  The issue will be discussed further at the next meeting of the Zoning Bylaw Committee on June 11, 2001, Ms. O’Toole said. Representatives from Baran will be in attendance at that meeting also.

        Other Matters

        Ms. O’Toole said that a Department Head meeting is scheduled for Thursday, June 7, 2001.  Chairman Philip Lindquist asked if Ms. O’Toole would mention that there is not enough information on the town website regarding the Planning Board.

V.      APPOINTMENTS
        
        Signing of Plans for Rye Hill Estates

        Because the Town Clerk had not signed the mylars for Rye Hill Estates, now called Millennium Estates, Board members said they would come in the following week and sign them after they had been signed by the Clerk.

        Motion to sign the mylars and Certificate of Action for Millennium Estates after                they have been signed by the Town Clerk:  Gerard LeBlanc
        Second: Gordon Coyle
        Vote: 5-0

        James Hobbs of 1142 Whitman Street asked who would be responsible for maintaining the detention basins within the subdivision and was told by Chairman Philip Lindquist that it would be the developer’s responsibility until such time as the street is accepted by the town and then it would fall under the jurisdiction of the Highway Department. Mr. Hobbs took issue with the recommendation made by the Board’s review engineer that a fence recommended by the Conservation Commission be eliminated on the grounds that  it was “overkill”.  Mr. Hobbs said he had read the engineer’s comment in Planning Board minutes obtained from the town’s website.

        Mr. Hobbs said that he and some of the other abutters were dissatisfied with the way the whole subdivision hearing process was handled especially the continuation of meetings.  He said the continuations were not legal because no specific date was given at the end of the December 6, 2000 session as to when the next session would be held.  The abutters should have been notified of the subsequent continuations, he said.  Chairman Lindquist said notification is only required by law for the initial hearing session.  After that, he said, it is the abutter’s responsibility to keep track of future hearing sessions by checking with the Planning Board office. If he disagrees with the process followed, Chairman Lindquist said, Mr. Hobbs should obtain counsel because the appeal period for the subdivision has passed.

        Continued Public Hearing for Anne Marie Lane

        Paul Mirabito of Ross Engineering of Norwell, representing the applicant, told the Board that, based on the comments from its review engineer and comments by Board members at the last session, the roadway into the subdivision had been redesigned and the lot shapes changed.  Lot 1 now has 2.5 acres, Lot 2 has .84 acres and Lot 3 has 3.57 acres.  The roadway now comes off the end of Bonney Hill Lane and ends at a cul-de-sac.  Lots 2 and 3 have the required frontage, he said, and Lot 1 is a hammerhead lot with 63 feet of frontage.  The driveway to the existing house will be relocated, Mr. Mirabito said.

        The storm drainage for the new cul-de-sac, he said, consists of a double catch basin, that will pick up the runoff which will be discharged into a storm detention basin. The plan also calls for a modification of existing catch basins on Bonney Hill Lane and the installation of a new catch basin, all with hoods.  The basins will be tied into a drain manhole. A basin will also pick up runoff coming down hill and discharge it over land. The existing water main will be extended from Bonney Hill Lane to the end of the cul-de-sac to service Lots 1 and 2.  The water service to the existing house on Lot 3 will be relocated. In conclusion, Mr. Mirabito asked the Board to consider allowing Anne Marie Lane to be renamed Bonney Hill Lane Extension.

        Chairman Lindquist then read the review from the Board’s engineer, Brewster Fuller of East Bridgewater, dated June 6, 2001.  In his report Mr. Fuller recommended:

the intersection of the drain pipes entering DMH-1 be further studied and the inverts rearranged to fit into the manhole;

a cross-section detail be required on the plan for construction purposes;

a 56 foot diameter in the center of the turn-around be left open without any paving with a curb or berm around the perimeter of the island;

the name Bonney Hill Lane be kept on the street extension since the extension mostly amounts to a turn-around.
        
        Chairman Lindquist read a note from Acting Fire Chief John Bergeron indicating his department had no problem with the plan and a memorandum from Police Chief Russell King indicating that he saw no safety problem concerns for the Police Department.

        Phil Clemons, chairman of the Hanson Trails Committee, asked if a recreational trail easement would be possible to the section of the abutting town-owned former Plymouth County Hospital site which is to be retained for open space use.  Mr. Mirabito said he would need to speak to the property owner about the request.

        James Hobbs of 1142 Whitman Street asked if the Board considered zoning requirements when reviewing a subdivision and was told that the Board does.  He noted one of the lots requested was a pork chop lot and was told that one pork chop lot is allowed in subdivisions with 10 lots or less.

        David Caddell of 80 Bonney Hill Lane asked who would be maintaining the catch basins and was advised that it would not be the town’s responsibility until the road is accepted.  He also asked about the septic systems and was told that no mounded systems are proposed.  He expressed concern that the subdivision will create water problems for him, and Mr. Mirabito said that there should be no impact.  Sandra Gowin of 80 Bonney Hill Lane also expressed concern, and Mr. Mirabito explained how the drainage system would function. She asked what recourse she would have if the system does not work.  It would be developer’s responsibility until such time as the street is accepted by town meeting, Mr. Lindquist said.

        At the conclusion of the discussion, the Board agreed the plan should be revised to incorporate the changes recommended by its review engineer.  Mr. Mirabito suggested new dates for the continued hearing and the filing of the Board’s decision.  He said that he will be meeting with the Conservation Commission in the interim.
        
        Motion to continue the hearing for Anne Marie Lane to August 15, 2001 @ 8:00            p.m.: Gerard LeBlanc
        Second: Joan DiLillo
        Vote: 5-0

        Motion to accept the extension of the date for the Planning Board to file its                   decision to October 3, 2001: Gerard LeBlanc
        Second: Joan DiLillo
        Vote: 5-0

        Continued Public Hearing, 1248 & 1258 Whitman Street

        Rick Grady of Grady Consulting of Kingston made a presentation on behalf of the applicant of revised plans for the proposed 1248 & 1258 Whitman Street definitive subdivision. The major components of the revision involve the shortening of Litchfield Way, the reduction of one lot and the reconfiguration of the smaller cul-de-sac to provide an extension to the Niksa subdivision.  Other changes are the widening of the pavement width to 26 feet and leveling at the intersection.  The subdivision is also down to one detention area as a result of a potential extension to the neighboring Niksa subdivision. Mr. Grady said that he had not had time to review P.M.P.’s June 6, 2001 re-review of the subdivision but indicated that the revisions recommended will be addressed.  The Board said that a connection to the Niksa subdivision no longer needed to be considered as that plan has already been approved. Mr. Grady said that the loop will be closed, and the land attached to adjacent lots.  Talks will continue with Mrs. Niksa regarding a looping of the water system, Mr. Grady said.

        Michael Perrault of P.M.P., the Board’s engineer on the project, said the issue of the length of the dead end street needed to be resolved.  A waiver has been requested.  The Board said that similar waivers have been granted in the past.  The proposed length of the street is approximately1,100 feet.  Rockland abutters expressed concern, as they have at past sessions, with the potential for water problems. Mr. Perrault noted that the project will also have to go before the Conservation Commission.  Phil Clemons asked if land purchased by the Conservation Commission in the 1960’s and 1970’s abutted the property.  A review of the subdivision plans indicated that the town was not a direct abutter.  

        At the conclusion of the hearing Mr. Grady asked for a continuation to June 20, 2001 and granted an extension for filing the decision to June 28, 2001 only, until he has had the opportunity to discuss an extension date with his client.     

        Motion to continue the public hearing for 1248 & 1258 Whitman Street to June    20, 2001 @ 8:00 p.m.: Joan DiLillo
        Second: David Harris
        Vote: 5-0

        Vote to extend the date for filing a decision on 1248 to 1258 Whitman Street to                 June 28, 2001:  David Harris
        Second: Joan DiLillo
        Vote: 5-0

VI.     NEW BUSINESS

        Inspection Report on Hemlock Hills from Merrill Associates, Inc.
        
        The board reviewed a May 22, 2001 inspection report from its engineering firm, Merrill Associates, Inc., on the Hemlock Hills subdivision.

        Rosen Realty, Request for Partial Release of Bond
        Land Planning, Inc., Construction Cost Estimate

        The Board reviewed a May 25, 2001 request from Rosen Realty, Inc. for a partial release of the bond posted for Cranberry Road and a May 29, 2001 Construction Cost Estimate for the completion of Cranberry Estates from Land Planning, Inc., its review engineer on the subdivision.

        Motion to release $11,399 from the bond for Cranberry Estates: David Harris
        Second: Joan DiLillo
        Vote: 5-0

        Construction Inspection Report, Audubon Estates, Land Planning, Inc.

        The Board reviewed a May 23, 2001 Construction Inspection Report from Land Planning, Inc.its review engineer, for Audubon Estates.  Town Planner Noreen O’Toole said that she planned to visit the subdivision and to talk to Land Planning about the stone construction entrance requirement.

        Sitec, Inc., Alden Way

        The Board reviewed two May 30, 2001 communications from Sitec, Inc. of New Bedford.  The first requested a final inspection and the second a two-year roadway construction extension for Alden Way.  The Board said a final inspection should be requested of Land Planning, Inc., the Board’s review engineer on the project.
        
        Motion to approve the request for a two-year roadway construction extension for               Alden Way: David Harris
        Second: Joan DiLillo
        Vote: 5-0

        Memorandum from Kopelman & Paige on the Procedure for Adopting and Filing Zoning Amendments

        The Board noted a May 24, 2001 memorandum from Kopelman & Paige, town counsel, on the Procedure for Adopting and Filing Zoning Amendments

        Memorandum from the Conservation Commission Regarding Biodiversity Days

        The Board noted a May 29, 2001 memorandum from the Conservation Commission regarding Biodiversity Days

        Memorandum from the Board of Selectmen’s Office Regarding Reorganization of the Board of Selectmen

        The Board noted a May 24, 2001 memorandum from the Board of Selectmen’s office regarding reorganization of the Board of Selectmen

V.      OLD BUSINESS

        Memorandum from the Board of Selectmen’s Office on the Acceptance of the Street Name Tag Way

        The Board noted a June 6, 2001 memorandum from the Board of Selectmen’s office indicating that, at their June 5, 2001 meeting, Selectmen approved the street name of Tag Way for the Millennium Estates subdivision, previously called Rye Hill Estates.
        
        Colonial Heights Subdivision, Review of Curbing

        The Board was advised by Town Planner Noreen O’Toole that a request had been made for a waiver on the granite curbing on the radius of the streets within the Colonial Heights subdivision. Board members did not favor granting a waiver.

VII.    ZONING BOARD HEARINGS

        Application of Charles Flynn for a special permit to allow a home occupation with an office related to the sale of used vehicles to area localities plus one vehicle for sale on premises, 178 Reed St., Map 33, Lot 21.

        COMMENT:  Do not recommend. Do not believe this qualifies as a home occupation.
        
        Application of James & Kathleen Egan for a variance to allow the division of an 89,305 sq.ft. lot into two lots which contain existing buildings and fronts on both Main and Monponsett Streets. Property is located at 263 Main St., Map 39, Lot 18.

        COMMENT:  Non-conforming.  Applicants created own hardship. Does not meet       zoning requirements.

        Application of Richard Walsh for site plan approval to operate an automotive repair business in an existing garage section of a building located at 507 Monponsett St., Map 23, Lot 5.

        COMMENT:        No Comment.

        Application of Robert & Karyn Small for a variance to allow the construction of a 24 ft. x 30 ft. two-car, two-story garage attached to an existing dwelling and the addition of a second level to an existing dwelling located a 873 Robinson St., Map 41, Lot 14.

        COMMENT:  Does not meet zoning.

IX.     ADJOURNMENT - 9:55 p.m.

        Motion to Adjourn: Joan DiLillo
        Second: Gerard LeBlanc
        Vote: 5-0