HANSON PLANNING BOARD
Minutes of the Meeting of
May 1, 2002
I. CALL TO ORDER - 7:30 p.m.
Members Present: David Harris, Vice Chairman
Gerard LeBlanc, Clerk
Gordon Coyle, Member
Joan DiLillo, Member
Members Absent: Philip Lindquist, Chairman
Others Present: Town Planner Noreen O’Toole
Administrative Assistant Barbara Ferguson
II. APPOINTMENTS
Mark Ridder, Sydney Estates
Cost Estimate & Inspection Reports from Merrill Associates
Request to Establish Bond & Release of Lots
Mark Ridder, developer of Sydney Estates, met with the Board to request the establishment of a bond and a release of all lots within the four-lot subdivision. The Board reviewed an April 26, 2002 Inspection Report and Construction Estimate from its engineer on the project, Merrill Associates, Inc. of Hanover. In his report, Douglas Schroeder of Merrill Associates noted that corings every 100 feet had been completed earlier in the day. The corings were necessitated by the fact that Merrill was not present during paving of the binder course. As a result of the testing, he recommended that the stretch of roadway from Sta 4+00 to Sta 5+40 be increased in thickness during the paving of the top course of asphalt. He also stated there would be no
negative impact if the proposed retaining wall were not constructed. His construction estimate to complete the job with a 10 percent markup for contingencies was $32,753 and the Board determined that should be the figure for the bond.
Motion to set the bond at $32,753 including a 10% markup for contingencies in the subdivision known as Sydney Estate: Joan DiLillo
Second: Gerard LeBlanc
Vote: 4-0
Motion to release Lots 1, 2, 3, and 4 in the subdivision known as Sydney Estates contingent upon the establishment of a bond: Joan DiLillo
Second: Gerard LeBlanc
Vote: 4-0
Form A/ANR
James Egan, Main Street
James Egan of 263 Main Street met with the Board seeking approval of the subdivision of his property in accordance with a Plan of Land dated January 31, 2002 by Robert C. Bailey Co., of Pembroke. The Board noted a frontage variance approval from the Hanson Zoning Board of Appeals. The 20 day period has expired, it was noted, as the decision was filed with the Town Clerk on April 10, 2002.
Motion to approve the FormA/ANR Plan as presented: Gordon Coyle
Second: Gerard LeBlanc
Vote: 3-1 (Joan DiLillo dissenting)
III. ACCEPTANCE OF MINUTES
Minutes of Meeting of April 17, 2002
Motion to Accept the Minutes of the Meeting of April 17, 2002: Joan DiLillo
Second: Gerard LeBlanc
Vote: 3-0-1 (David Harris abstaining)
Minutes of Zoning Bylaw Public Hearing of April 17, 2002
Motion to Accept the Minutes of the Zoning Bylaw Public Hearing of April 17, 2002: Gerard LeBlanc
Second: Gordon Coyle
Vote: 3-0-1 (David Harris abstaining)
IV. APPOINTMENTS
Colonial Heights
Certified Letter to SV Realty Trust
Reply from Colonial Heights, LLC
The Board reviewed Roy Vinton’s April 23, 2002 response to an April 2, 2002 registered letter from Town Planner Noreen O’Toole relative to a flooding problem on Valley Forge Road. Ms. O’Toole told the Board that an inspection was done by Merrill Associates of Hanover on behalf of the Board, and a copy of Merrill’s report, dated April 8, 2002, was reviewed. Ms. O’Toole said the area was pumped, but unless the basin is cleaned, the problems will reoccur. Some of the water, she noted, may also be coming from the First Congregational Church. Ms. O’Toole said she had contacted Town Counsel regarding the conditions in Colonial Heights and was notified of the procedure the Board must follow if it becomes necessary to call the
developer’s bond and assume responsibility for finishing the subdivision.
Mr. Vinton told the Board and the many residents of the subdivision in attendance that he would be entering into an agreement on May 2 with a principal who has been out of town for two weeks. He said that he would return with this individual on May 15 with a schedule for completing the subdivision. Member Gerard LeBlanc, noting the many broken promises made by Mr. Vinton to the Board in the past, stated a preference for initiating the procedure outlined by Town Counsel immediately, but the residents asked the Board to give Mr. Vinton the benefit of the doubt and wait until the May 15 meeting. The Board agreed to the delay but said, in the interest of public safety, in the interim Valley Forge Road must be kept free of water and the catch
basins cleaned. Mr. Vinton said the area is under the control of the Conservation Commission, and he will set up a meeting with the Commission to address the problem. A schedule of completion for the subdivision will be required by the next meeting Board members said. An appointment was scheduled for 8:45 p.m. on May 15.
Sheila Niksa
Millennium Estates
Letter from P.M.P. Associates
The Board met with Sheila Niksa, owner of Millennium Estates, and noted the receipt of a letter from its review engineer, Michael Perrault of P.M.P. Associates of East Bridgewater indicating the plans for the subdivision are ready to be re-endorsed. The resigning was necessitated by the failure of the developer to file the approved plans at the Registry of Deeds within the six month deadline. A new signature block was added to the plan with the caption, “The approval of this definitive subdivision has not been modified, amended or rescinded, nor has the plan been changed.”
Motion to resign the plans for Millennium Estates: Gordon Coyle
Second: Joan DiLillo
Vote: 4-0
VI. TOWN PLANNER’S REPORT
Master Plan Committee
Town Planner Noreen O’Toole said that the next meeting of the Master Plan Committee will be held at 7:30 p.m. on May 13, 2002. Consultant Carol Thomas will be supplying flyers to be passed out at Town Meeting outlining progress to date.
Hanson Trails Committee
Ms. O’Toole said that the next meeting of the Hanson Trails Committee will be held on May 22, 2002 at 7:30 p.m.
Zoning Bylaw Committee
Ms. O’Toole said that the next meeting of the Zoning Bylaw Committee will be held on May 20, 2002 at 7:30 p.m.
Old Colony Planning Council Joint Transportation Committee
Ms. O’Toole said that the next meeting of the Old Colony Planning Council Joint Transportation Committee will be held on May 16, 2002 but she will be unable to attend.
Other Matters
Ms. O’Toole said that she had attended another meeting with town officials from Halifax and Hanson and representatives from the state Department of Wildlife and Fisheries regarding a proposal from the state to purchase over 100 acres of land owned by Northland Cranberries for open space. Back taxes are the issue, she said, with approximately $400,000 owed to Halifax and $200,000 to Hanson if the land is no longer has an agricultural designation. Hanson currently receives $27,000 annually in taxes for the property.
Ms. O’Toole reported that she and Administrative Assistant Barbara Ferguson did field inspections at the Colonial Heights, Alden Way, Cranberry Estates, Pleasant Meadows and Sydney Estates subdivisions on April 29, 2002 and she presented the Board with a report indicating the conditions observed.
VII. NEW BUSINESS
Memo from Town Counsel
Procedure for Board to Take Over Subdivision
The Board noted a May 1, 2002 letter from Elizabeth Lane of Kopelman and Paige regarding the procedure for calling and spending subdivision security funds.
Citizen Planner Training
Town Planner Noreen O’Toole polled the members to determine their interest in attending a May 16, 2002 Citizen Planner Training Collaborative course at Massasoit Community College on The Basics of Reading a Subdivision Plan and a May 30, 2002 course on 40B Negotiating Training. Joan DiLillo, Gerard LeBlanc, and Noreen O’Toole will be attending both sessions. Administrative Assistant Barbara Ferguson will be attending the May 16 session and Gordon Coyle will be attending the May 30 session.
Master Plan Town Meeting Report
The Board noted information on the Master Plan provided by Thomas Planning Services for distribution at town meeting.
Letter from Highway Surveyor, Cranberry Estates
Board members noted an April 24, 2002 letter from Highway Surveyor Richard Harris regarding the concerns of abutters with the operation of the basin at Cranberry Estates.
Warrants for Annual & Special Town Meetings
Board members took home copies of the warrants for the May 6 annual and special town meeting for review.
VIII. OLD BUSINESS
Letter from Chairman to
Street Safety & Development Committee
Board members noted an April 22, 2002 letter from Chairman Philip Lindquist to the Street Safety & Development Committee.
Special Permit Adult Communities
Rules & Regulations for Filing
Application Form & Fees
Due to the lateness of the hour, the Board took no action on rules and regulations, an application form and fees for special permit filings for Adult Communities.
IX. ZONING HEARING
Application from Ahmed and Hoda Barakat for a special permit and site plan approval to convert an existing building into six, one-bedroom apartments and add a back porch to the property at 1479 Main Street, Map 44, Lot 1C, Hanson Assessors Map.
COMMENT: Application lacks sufficient information. No provisions for parking are shown on the plan. The location of the dumpster is not on the plan. Backing out on to Route 27 should be prohibited.
X. APPOINTMENTS
Alden Way
Schedule of Completion from SITEC
E-Mail from Kevin & Michelle Ware
Inspection Report from Land Planning
The Board met with Alden Way developers Mark Tedeschi and Kenneth Gray, their engineer, Steven Gioiosa of SITEC of New Bedford, the Board’s review engineer, Bernard Munro of Land Planning, Inc. and several residents of the subdivision for a status report. Noted during the meeting was related correspondence including April 4, 2002 and April 11, 2002 progress report memorandums from SITEC, an April 25, 2002 e-mail from Kevin and Michelle Ware of 273 Gray Lane relative to a pond that never drains, and a May 1, 2002 inspection report from Land Planning outlining the work that has been done since the last inspection report dated January 2, 2002.
Mr. Gioiosa told the Board that his clients had made progress with the items on the punch list put forth by Land Planning at the last meeting. The catch basins have all been cleaned, the street lights have been installed, the roadways have been swept, the sidewalks have been repaired, and patching around the survey monuments has been completed. Loaming and seeding has not as yet been done but should be completed within the week, he said. Mr. Gioiosa presented the Board with a letter from Jack Antoine, Vice President of Tedeschi Realty Corporation of Rockland, dated April 16, 2002, certifying that all work at the Alden Way subdivision on the drainage ponds was completed per the plans and specifications drawn by SITEC. The letter noted that the work was constantly
monitored and inspected by Land Planning. Mr. Gioiosa said that he had not had time to review the latest inspection report which was faxed by Land Planning to his office earlier in the day.
Member Gerard LeBlanc asked Mr. Gioiosa if he was stating that no further work would be done to the basins based on the content of the letter from Tedeschi Realty despite the Board’s concern with the water levels the basins retain. Mr. LeBlanc said he would like to see a letter from Mr. Gioiosa stating that the existing basins conform to his design. Mr. Gioiosa said that his clients in the past had stated they were amenable to some remedial action despite the fact they believe the basins conform to the plans submitted. The plan of action, he said, would be to install drainage pipes to the adjacent wetlands area which would require the approval of the Conservation Commission. He said that his clients have observed basins in other subdivisions which have no outlets and
retain water for a number of days. Mr. LeBlanc said that the Planning Board was not proposing outlets but rather that the basins drain properly. Mr. Munro said that he has not had an opportunity to review the asbuilt plans to determine if the basins are constructed to the proper elevations. Mr. Gioiosa said that a copy of the plans has been forwarded to Land Planning. It was agreed at the end of the discussion that someone from the contractor’s office would meet with Land Planning at the site for testing as suggested and return in two weeks to discuss the results.
Before the meeting concluded Mark Gallivan expressed his frustration with the lack of communication to date referring to a May 24, 2001 letter from residents of the subdivision stating a host of concerns relative to street lights, drainage, and the future of a parcel of land with a memorial bench at the entrance to the development. The Board replied that the lights have been installed according to the approved plans, the basins are being addressed, and the Board has no control over the property with the memorial bench. Steven Regan of Alden Way noted there were no lights on his street. Town Planner Noreen O’Toole said she had advised Mr. Gallivan in the past that the Planning Board could address the need for another light if it was determined there was a
public safety issue. In conclusion, Kevin Paquette of Gray Lane suggested the contractor pump down a basin and do a test pit to resolve the issue of water in the basins. It was agreed that a test would be done before the next meeting with the Board’s engineer in attendance. The date for the next meeting was set for May 15, 2002 at 8:15 p.m.
Stonewall Estates
Revised Plan
Letter from Grady Consulting
Letter from Building Inspector to Grady
Inspection Report from P.M.P. Associates
Stipulation of Dismissal
The Board met with Robert Gosselin of Goscon, Inc. of Kingston, his engineer, Richard Grady of Grady Consulting of Kingston, his attorney, Richard Serkey of Plymouth, and the Board’s review engineer, Michael Perrault of P.M.P Associates of East Bridgewater to discuss the revised plans for Stonewall Estates, formerly known as 1248 & 1258 Whitman Street.
Among the documents reviewed by the Board were an April 18, 2002 letter from Grady Consulting, an April 26, 2002 letter from Zoning Enforcement Officer Michael Kennedy indicating all lots in the proposed subdivision meet zoning, April 13, April 17, and May 1, 2002 pre-endorsement reviews of the subdivision by P.M.P. Associates, a copy of a May 1, 2002 letter from P.M.P. Associates to the Conservation Commission, and a Stipulation of Dismissal of Goscon, Inc. vs. Philip R. Lindquist, David K. Harris, and Joan DiLillo as members of the Hanson Planning Board.
The Board noted the requirement of the Certificate of Action regarding written notice from the Zoning Enforcement Officer that all lots are in conformance with the town’s zoning bylaws had been met although a special permit will be required for Lots 8 and 9 which are partially in the Agricultural-Recreation District. Town Planner Noreen O’Toole said that the failure of the Conservation Commission to issue an order of conditions would not hold up the endorsement, but a revised plan will be required if the conditions necessitate any changes to the endorsed plan. The Board was told that the covenant will be signed as soon as Mr. Gosselin becomes the owner of the land. The stipulation of dismissal of the appeal filed by the developer, when the Board
failed to grant a waiver on the original plan, will be filed by Patricia Cantor of Kopelman and Paige, town counsel, as soon as the revised plan is endorsed, Town Planner Noreen O’Toole said. Mr. Grady told the Board that the legal department of Massachusetts Electric is in the process of drafting an assent agreement for work within its easement. If it results in a change, Mr. Gosselin said, he would come back before the Board.
Motion to endorse the plans for Stonewall Estates as presented: Joan DiLillo
Second: Gordon Coyle
Vote: 4-0
XI. ADJOURNMENT - 10:05 p.m.
Motion to adjourn: Joan DiLillo
Second: Gordon Coyle
Vote: 4-0
| 
