HANSON PLANNING BOARD
Minutes of the Meeting of
January 7, 2004
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: Town Planner Noreen O’Toole
Administrative Assistant Barbara Ferguson
II. ACCEPTANCE OF MINUTES
Acceptance of the Minutes of the Meeting of December 17, 2003
Motion to Accept the Minutes of the Meeting of December 17, 2003: Gerard LeBlanc
Second: Joan DiLillo
Vote: 5-0
Acceptance of the Minutes of the StoneBridge Commons Continued Public Hearing of December 17, 2003
Motion to Accept the Minutes of the StoneBridge Commons Continued Public Hearing of December 17, 2003: Gerard LeBlanc
Second: Gordon Coyle
Vote: 5-0
Acceptance of the Minutes of the Brookside Estates Continued Public Hearing of December 17, 2003
Motion to Accept the Minutes of the Brookside Estates Continued Public Hearing of December 17, 2003: Gerard LeBlanc
Second: Gordon Coyle
Vote: 5-0
III. APPOINTMENTS
Edgewood Estates
Sign Mylar and Plans
The Board signed the mylar and plans for the Edgewood Estates subdivision off Brook Street. The subdivision was approved by the Board on December 3, 2003. The appeal period for the decision expired on December 23, 2003.
Form A/ANR
407 Main Street
The Board reviewed a Form A/ANR Plan of Land dated December 31, 2003 prepared by Robert C. Bailey Co. of Pembroke for William and Kristen Dawe of 407 Main Street. The plan depicts the addition of a 25,971 square foot portion of Assessors Map Lot 12, Map 40 to an abutting 1.98 acre parcel owned by Jason and Julie McCann. The land to be added to the McCann’s lot is indicated at Parcel A on the plan. The plan states that Parcel A is not a buildable lot. Both parcels are located in a Residence A Zoning District.
Motion to approve the Form A/ANR Plan for 407 Main Street as presented: Gordon Coyle
Second: Joan DiLillo
ote: 5-0
StoneBridge Commons
Continued Public Hearing
(See Separate Minutes)
IV. TOWN PLANNER’S REPORT
Master Plan Committee
Town Planner Noreen O’Toole told the Board that she and Administrative Assistant Barbara Ferguson would be making another attempt to meet in Boston with Carol Thomas of Thomas Planning Services, the consultant on the Master Plan, for a progress update.
Hanson Trails Committee
Ms. O’Toole said that there was nothing new to report on the Hanson Trails Committee.
Zoning Bylaw Committee
Ms. O’Toole told the Board that the Zoning Bylaw Committee will be meeting on Monday, January 26, 2004 at 7:30 p.m. to review potential articles for the May annual or special town meeting.
Old Colony Planning Council Joint Transportation Committee
Ms. O’Toole told the Board that the Old Colony Planning Council Joint Transportation Committee would be meeting on January 8, 2004 at noon. The committee has been discussing amendments to the Transportation Improvement Program, she said. A priority list is being established, she said, with a focus on big projects. She said that she had spoken to Susan McGrath who is the Geographical Information Systems person at OCPC, and she is willing to come out to Hanson and talk to the local officials.
Other Matters
Ms. O’Toole distributed to Board members a copy of a January 7, 2004 fascimile transmission from Kopelman and Paige, Town Counsel, to the Board of Selectmen, which included an executive summary of the main points of the proposed real estate transaction with Baran Partners, highlighting Baran’s obligations and the Town’s means of enforcement. She also distributed information from the State Building Code relative to building permits and certificates of use and occupancy.
V. APPEAL BOARD HEARINGS
Application of Robert Roy, dba Moonwalk Madness, Inc. to allow the use of the premises for storage of party supplies; i.e., moonwalks, tables, chairs and blowers for moonwalks at 1057 Main Street, Map 42, Lot 11, Hanson Assessors Map.
COMMENT: No outside display should be allowed.
Application of Whitman-Hanson Regional High School, represented by John G. Crowe Associates Inc. for a special permit and site plan approval to allow the construction of a wind turbine to be used solely for educational purposes and located in such a manner as to reduce the length in which cable would need to be run from the school. The proposed wind turbine is to be built in the location of the proposed small detention basin located at the northeast portion of the site, farthest distance from any residential homes. The wind turbine tower will be a pole approximately 130 feet tall. This pole will be a monopole with no guy wires, and the base will be approximately 30” in diameter. The pole base will be attached to a concrete footing
approximately 15 ft. x 15 ft. The turbine will have three blades that will be 12 ft. long at 600 Franklin Street, Map 86, Lot 2 and Map 94, Lot 6, Hanson Assessors Map.
The Board discussed the application and deferred comment to its January 21, 2004 meeting to allow time for more research. The public hearing has been scheduled for January 27, 2004 at 7 p.m.
VI. NEW BUSINESS
The Board reviewed a chart of current subdivision and special permit developments. Chairman Lindquist said that he had talked to the Selectmen’s Office about having developers pay the cost of snow plowing as an incentive to complete their subdivisions. He said he also talked to the Assessors’ Office about having lot numbers assigned to roadways so they can be assessed a real estate tax.
VII. APPOINTMENT
Attorney Hoffman
Paul Ferreira
Arbor House, Hanson Gardens
The Board met with Paul Ferreira of Baran Partners of Boston and his attorney, Kenneth Hoffman of Holland & Knight of Boston to discuss draft letters that Attorney Hoffman had written to Arbor House Associates Limited Partnership and Hanson Gardens Limited Partnership c/o Baran Partners from the Planning Board clarifying some of the conditions of the special permits for the two projects which were approved by the Board in December of 2002. The purpose of the clarifications, he indicated in prior correspondence, was to satisfy concerns raised by the proposed lender.
Attorney Hoffman is seeking clarification of Specific Condition No. 2 relative to easements, Specific Condition No. 5 relative to parking requirements, General Conditions No. 7, 8, 9, and 10 relative to building permits, Specific Condition No. 11 relative to the endorsement of the final plans, and Specific Condition No. 19 relative to a bond. He contends that the Land Development Agreement between the developer and the Board of Selectmen provides adequate protection to the town in these areas.
Chairman Lindquist noted that a hearing was held and conditions written with no comment from the developer. He questioned whether a new public hearing should be held to give abutters an opportunity for input on the requested changes. Attorney Hoffman said that in his opinion General Condition No. 3 of the special permit grants the Board the power to make the changes requested.
Although no votes were taken, each condition clarification that the developer is requesting was discussed. As to Specific Condition No. 2, the Board said, although a 50 foot easement is shown on the plans, there are still questions regarding the developer’s right to use that easement over town-owned land. The Board also wants to see shared easements between the assisted living facility and the adult retirement community for common roads as they will be under separate ownership.
Paul Ferreira explained that his problem with Specific Condition No. 5 was its openendedness. Chairman Lindquist said that the intent of the condition was to provide for additional parking if there is parking on the roadway after the project is completed. Mr. Ferreira reiterated his willingness to show shadow spaces on a plan for additional parking in the numbers discussed at the December 3, 2004 meeting, That would entail 49 additional spaces for the assisted living facility and 16 for the adult retirement housing.
Board members had some concerns with the clarification proposed for General Conditions 7, 8, and 9, that the words “building permit” be changed to “occupancy permit.” Attorney Hoffman said that it is not possible to do everything that is required in 7, 8, and 9 before a building permit is issued. He likened the existing conditions to requiring the installation of a driveway before getting a permit to build a house. He said the bank will not give the developer money for the roadway unless it knows he can get a building permit. Mr. Ferreira said that the protection for the town comes through the Land Development Agreement with its foreclosure rights. Vice Chairman Gerard LeBlanc suggested doing the project including the roadway in phases as one possibility the Board could consider.
General Condition No. 10 requesting a change from building permit to occupancy permit relative to the submission of sample deeds, condominium association covenants and related ownership documents was also discussed. Chairman Lindquist said that were needed to assure that they meet the requirements of the zoning bylaw. Attorney Hoffman said that the bank would also want to see the documents but not until just before the closing on any of the properties.
Specific Condition No. 11 relative to the role of the Planning Board’s consulting engineer moved closer to resolution as Mr. Ferreira said that he would be willing to establish an escrow account to cover costs associated with inspections by the Board’s review engineer of the roadway, drainage, and related infrastructure. He said that he intended to put in the condos and the roadway in phases.
Board members still felt strongly that the developer should be required to post a bond within 20 days following the date of purchase to assure that the roadways and drainage systems are completed. Attorney Hoffman said that the Land Development Agreement would provide all the protection the town would need. He noted that there is no provision for a surety requirement in Chapter 40A which governs the issuance of special permits. Board members said that would like to review the Land Development Agreement before reaching any decision on the clarifictions requested.
VIII. ADJOURNMENT - 9:45 P.M.
Motion to Adjourn: Gerard LeBlanc
Second: Joan DiLillo
Vote: 5-0
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