HANSON PLANNING BOARD
Minutes of the Meeting of
December 17, 2003
I. CALL TO ORDER - 7:30 p.m.
Members Present: Philip Lindquist, Chairman
Gerard LeBlanc, Vice Chairman
David Nagle, Clerk
Joan DiLillo, Member
Gordon Coyle, Member
Others Present: Administrative Assistant Barbara Ferguson
II. ACCEPTANCE OF MINUTES
Acceptance of the Minutes of the Brookside Estates Public Hearing of December 3, 2003
Motion to Accept the Minutes of the Brookside Estates Public Hearing of December 3, 2003: Gerard LeBlanc
Second: Joan DiLillo
Vote: 4-0-1 (Philip Lindquist abstaining)
Acceptance of the Minutes of the StoneBridge Commons Public Hearing of December 3, 2003
Motion to Accept the Minutes of the StoneBridge Commons Public Hearing of December 3, 2003: Gerard LeBlanc
Second: Joan DiLillo
Vote: 4-0-1 (Philip Lindquist abstaining)
Acceptance of the Minutes of the Meeting of December 3, 2003
Motion to Accept the Minutes of the Meeting of December 3, 2003: David Nagle
Second: Gordon Coyle
Vote: 4-0-1 (Philip Lindquist abstaining)
III. APPOINTMENTS
Selectmen Peter Jones & Mark Gallivan
Arbor House & Hanson Gardens
The Board met with Selectmen Chairman Peter Jones and Selectman Mark Gallivan for a brief discussion on the status of the Arbor House and Hanson Gardens projects at the site of the former Plymouth County Hospital on High Street.
Chairman Jones told the Board that the Board of Selectmen was set to close on the property on December 31, 2003. The only outstanding issues, he said, were a street opening for a water connection, the Planning Board’s intentions relative to December 11, 2003 letters received from the attorney for Baran Partners relative to modifications to the special permits issued for the two projects, and an easement for access to the property.
The Board of Water Commissioners, Chairman Jones said, was expected to approve the street opening at its meeting which was being held concurrently with the Planning Board meeting. The last possible day for the street opening until spring, he said, would be Thursday, December 18, 2003.
Chairman Philip Lindquist told the Selectmen that the Planning Board would be discussing the letters from Baran’s attorney later in the meeting. He said that, although he was not in attendance at the December 3, 2003 meeting with the attorney, he had read the October 10, 2003 and November 25, 2003 letters from Attorney Hoffman as well as the minutes of the December 3, 2003 Planning Board meeting.
As to the easement, Chairman Lindquist said, there is a plan, dated May 4, 1993 by John J. Monahan, Consulting Engineer of Hanover, which shows a 50 foot easement from High Street into the the former Plymouth County Hospital site in the same location as the easement on the plans approved by the Planning Board in conjunction with the granting of two special permits for the Baran project. But, he noted, that plan indicates the easement is to a 43,118 square foot area to be leased by the County for a proposed tower. There does not appear to be any recorded deed associated with the plan, he said, so it may have been abandoned.
Chairman Lindquist said that the Board’s principal concern is the completion of the roadway which will require the posting of a bond. Chairman Jones said that the land will revert back to the town if the project is not completed. The town, he said, would be looking to resell the land if the Baran project fails. Chairman Jones said that the purchase and sale agreement will expire on December 31, 2003, but, he noted, extensions have been granted in the past.
Brookside Estates
Continued Public Hearing
(See Separate Minutes)
StoneBridge Commons
Continued Public Hearing
(See Separate Minutes)
V. NEW BUSINESS
Budget for Fiscal 2005
Board members reviewed a November 2003 memorandum from the Finance Committee relative to the Fiscal 2005 budget and decided, based on the current economic situation, to seek a level funded expense budget and a 3% salary increase both for board members and the Town Planner.
Motion to request a level funded expense budget for Fiscal Year 2005 and a 3% salary increase for Board members and the Town Planner: Joan DiLillo
Second: Gerard LeBlanc
Vote: 5-0
Conflict of Interest Policy
Upon learning from Administrative Assistant Barbara Ferguson that the Town of Hanson and all neighborning communities do not have conflict of interest policies, members decided to establish one of their own for the Planning Board. It was agreed that, if a conflict should occur, a board member would state for the record the potential conflict and then excuse himself or herself from participating in the discussion or even sitting at the table to avoid any conflict and to refrain from comment as a private citizen while seated in the audience to avoid the appearance of a conflict.
Motion to adopt a conflict of interest policy as discussed: David Nagle
Second: Joan DiLillo
Vote: 5-0
VI. OLD BUSINESS
Holland & Knight
Arbor House Limited Partnership
Hanson Gardens Limited Partnership
The Board discussed two letters faxed to the Planning Board office on December 11, 2003 at 1:16 p.m. by Attorney Ken Hoffman of Holland & Knight. The letters are from the Planning Board to Arbor House Associates Limited Partnership and Hanson Gardens Limited Partnership clarifying Conditions No. 2, 5, 7, 8, 9, 10, 11, and 19 of the special permits issued for the two projects at the site of the former Plymouth County Hospital on High Street. Both letters have a space for a signature from the Board. They are based on Attorney Hoffman’s interpretation of the discussion held at the Board’s December 3, 2003 meeting.
Chairman Lindquist expressed some concern at the Board being asked to make any changes to the decisions it has rendered on the special permits for the project noting that the appeal period has long since passed. He questioned whether there would be the same opportunity for people to appeal the Board’s clarifications as there was on the decisions.
Vice Chairman Gerard Le Blanc told Chairman Lindquist that there was only general discussion at the December 3, 2003 meeting and it was so stated to Attorney Hoffman. He was told, Mr. LeBlanc said, that no votes would be taken until the Chairman had an opportunity to review the material presented.
Board members said that Attorney Hoffman had been asked to draw up something for the Board to sign based on the discussion. It was clear, they said, that no votes would be taken until a future meeting to be attended by Attorney Hoffman and Paul Ferreira of Baran Partners.
Chairman Lindquist said that in his opinion a change from building permit to occupancy permit in Conditions 7, 8, 9 and 10 was a substantial change.
As for Condition No. 2, Mr. Lindquist said, it would be prudent to make sure the developer will be digging on property that he can dig on. He noted that the plans referred to at town meeting do not show a 50 foot easement to the site as do the plans related to the special permits and the ANR Plan endorsed by the Board. The plan referred to earlier in the meeting, he noted, shows a 50-foot easement but to a proposed tower on land to be retained by the County with no accompanying deed. Chairman Lindquist said that he also wanted to make sure there are easements related to the joint use of the roadway by the two separate entities that have been formed.
Chairman Lindquist also expressed concern with Condition No. 19 which essentially negates the posting of a bond to ensure that the roadway and drainage are completed if the developer defaults. He said that he did not understand why there was a problem with the conditions as they are currently written.
Selectman Mark Gallivan, who returned to the meeting for the discussion, said that the land development agreement protects the town if the developer defaults. The developer, he said, will have to post a surety bond for full completion of the project including the roads. Under the terms of the agreement, Selectman Gallivan said, a bank would have to accept all the responsibilities related to the land development agreement if the developer defaulted and it decided to assert ownership. The land development agreement goes with the property, he said.
As for requiring the developer to finish the entire roadway, Selectman Gallivan said it would make no sense, if the sale of condominium units does not meet expectations, to have a road to nowhere. He said the condominum documents will be in place before the first unit is constructed. The assisted living facility, he said, must be completed in its entirety.
At the conclusion of the discussion, it was agreed that Attorney Hoffman would be invited to attend the January 7, 2004 meeting for further discussion on the issue of clarifying the special permits. A time of 8:30 p.m. was set for the meeting.
VII. APPEAL BOARD HEARINGS
Application of Stephen Yeager for a special permit to operate a limousine service as a home occupation at 353 Winter Street, Map 98, Lot 6, Hanson Assessors Map.
COMMENT: Does not appear to conform to the zoning bylaw. Does not indicate how many vehicles.
Application of Judith Braley for a special permit to allow an in-law apartment at 144 Indian Head Street, Map 47, Lot 1A, Hanson Assessors Map.
COMMENT: Insufficient information upon which to comment.
VII. ADJOURNMENT
Motion to Adjourn: Gerard LeBlanc
Second: Gordon Coyle
Vote: 5-0
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