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Zoning Hearing - Sept. 18, 2002
HANSON PLANNING BOARD
MINUTES OF PUBLIC HEARING
Held
SEPTEMBER 18, 2002 @ 8:00 P.M.
On
PROPOSED ZONING BYLAWS
For  
OCTOBER 7, 2002 SPECIAL TOWN MEETING

Members Present:        Philip Lindquist, Chairman
                        Gerard LeBlanc, Vice Chairman
                        Gordon Coyle, Member
                        David Nagle, Member

Members Absent: Joan DiLillo, Member

Others Present: Noreen O’Toole, Town Planner
                        Barbara Ferguson, Administrative Assistant
                        
I.      Call to Order:  8:05 p.m. - Town Hall

        A. Chairman Philip Lindquist advised all present that the meeting was being tape recorded and filed.

        B.  It was decided that Vice Chairman Gerard LeBlanc did not need to read the public hearing notice published in the Hanson Town Crier as only Lila Coyle, Chairman of the Zoning Bylaw Committee was present.  The notice, copies of which were available for anyone interested, reads as follows:

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 18, 2002, 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, and delete Section VII.B.4.a., in its entirety, and insert the following:  

a. All setbacks shall conform to the zoning district in which the lot is located and the setbacks shall commence at the end of the access portion.
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 definition in alphabetical order:

Farm:   

A tract of land devoted to the pursuit of all branches of agriculture, viticulture, aquaculture, and horticulture including the gathering of crops and the rearing of livestock, poultry and other domesticated animals used for food or recreation.

Proposed by the Zoning Bylaw Committee

ARTICLE:

To see if the Town will vote to amend Hanson Zoning Bylaw, Section II, Definitions S. Home Occupation and inserting the following definition in alphabetical order:

Home Occupation:

Occupations such as dressmaking, home cooking, repair of portable equipment or appliances, real estate agent, arts and crafts, selling antiques, and computer based businesses, but not including convalescent or nursing home, tourist home, motor vehicle sales or similar establishments offering services to the general public

Proposed by the Zoning Bylaw Committee

ARTICLE

To see if the Town will vote to amend the Hanson Zoning Bylaw VII.G., Trailer or Mobile Home, by deleting Section G and inserting the following:

G. Travel Trailer, Motor Home, Mobile Home, or Camper   

No area in any zoning district in Town shall be occupied or used as a dwelling for living quarters by a travel trailer, motor home, mobile home, or camper for a total time in excess of ninety (90) days during any one calendar year, unless permit for same is issued by the Board of Appeals, such permit to be for a term of not more than twelve (12) months. The travel trailer, motor home, mobile home, or camper shall conform to yard and area requirements as specified for a dwelling in a Residence A District and Board of Health Regulations. In the event of a disaster, such as fire, flood, hurricane, tornado or lightning or similar catastrophe, a permit may be obtained from the Building Inspector to allow a mobile home on lot affected for a period of not more than twelve (12) months.  Such Permit will be subject to Board of Health Regulations and Requirements of the Building Inspector.  One extension of six (6) months may be granted by the Board of Appeals upon written application of the original petitioner.

Proposed by the Zoning Bylaw Committee

The four zoning articles have been submitted for and are included in the warrant for the Special Town Meeting to be held on October 7, 2002 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 full text of the proposed amendments, 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

August 29, 2002
September 5, 2002
Hanson Town Crier

II.     Presentation of Zoning Articles

        Zoning Bylaw Committee Chairman Lila Coyle told the Board that the Committee was proposing a definition of “farm” as the lack of a definition was posing a problem for the Board of Health.  The proposed changes to the definition of “home occupation,” she said, are intended to modernize the verbiage. The proposed changes to the Trailer and Mobile bylaw are a modification of the changes which went down to defeat in May of 2001, Mrs. Coyle said.  The new version, which covers travel trailers, motor homes, mobile homes, and campers as did the prior proposed amendment but no tents, allows their use for 90 days rather than 30 days before Board of Appeals approval is required. Mrs. Coyle said that the Committee intended to go forward with the proposed amendment to the hammerhead lot section of the bylaw which would change the setback requirements from 50 feet to the setback requirements of the district despite the opposition previously voiced by several Planning Board members.

III.    Questions from Abutters

        Vice Chairman Gerard LeBlanc advised those present that the following abutters had been notified of the hearing on August 29, 2002 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 public

        There were no questions from the public.

V.      Questions/Comments from Planning Board Members

        Board members expressed no concerns with the proposed farm, home occupation, and mobile home bylaw changes.  Chairman Philip Lindquist and Vice Chairman Gerard LeBlanc were opposed to changing the setback requirements for hammerhead lots and David Nagle said that he was undecided.

VII.    Findings

        Motion not to Recommend the Hammerhead Lot Zoning Bylaw amendment at the        October 7, 2002 Special Town Meeting:  Gerard LeBlanc
        No Second

        Motion to Recommend the Hammerhead Lot Zoning Bylaw amendment at the            October 7, 2002 Special Town Meeting:  Gordon Coyle
        No Second

        The Board declared an impasse and decided to refer the Article to Town Meeting

        Motion to Recommend the Farm Zoning Bylaw amendment at the October 7, 2002              Special Town Meeting:  Gerard LeBlanc
        Second: David Nagle
        Vote: 4-0

        Motion to Recommend the Home Occupation Zoning Bylaw amendment at the           October 7, 2002 Special Town Meeting:  Gerard LeBlanc
        Second: David Nagle
        Vote: 4-0

        Motion to Recommend the Camper and Trailer Zoning Bylaw amendment at the                October 7, 2002 Special Town Meeting:  Gerard LeBlanc
        Second: David Nagle
        Vote: 4-0

VIII.   Adjournment - 8:32 p.m.

        Motion to Close the Hearing: Gerard LeBlanc
        Second: David Nagle
        Vote: 4-0