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Zoning Public Hearing-April 21, 2004
HANSON PLANNING BOARD
MINUTES OF PUBLIC HEARING
Held
APRIL 21, 2004 @ 8:00 P.M.
On
PROPOSED ZONING BYLAWS
For  
MAY 3, 2004 ANNUAL TOWN MEETING


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

Others Present: Noreen O’Toole, Town Planner
                        Barbara Ferguson, Administrative Assistant
                        
I.      Call to Order:  8:00 p.m. - Town Hall

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

        B.  Vice Chairman Gerard LeBlanc read the following Public Hearing notice that was published in the Hanson Express:

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 April 21, 2004, at 8:00 p.m. at 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 of the Town of Hanson as follows or take any other action thereon: By amending Section III.A. of the Zoning Bylaw, Establishments of Districts and by amending the current “Zoning District Map of the Town of Hanson” incorporated by Section III.B. of the Zoning Bylaw, by rezoning the following parcels of land, as shown on the assessor’s maps, from “Commercial-Industrial District” to “Residence AA. District”: 1. Parcel 2 on Map 58; 2. Parcel 5 on Map 66; 3. The portion of Parcel 2 on Map 66 now lying in the Commercial-Industrial District; 4. Parcel 7 on Map 67; 5. Parcel 5-1 AB on Map 67; and 6. Parcel 9 on Map 67. Petition Article, Harris E. Stone.
ARTICLE: To see if the Town will vote to amend the  Zoning Bylaw of the Town of Hanson as follows, or take any other action thereon: By amending Section VI.I. of the Zoning Bylaw, Flexible Zone/Special Overlay District and by amending the current “Zoning District Map of the Town of Hanson” incorporated by Section III.B. of the Zoning Bylaw, by extending the Flexible Zone/Special Overlay District to include the following parcels of land as shown on the assessor’s maps: 1. Parcel 2 on Map 58; 2. Parcel 5 on Map 66; 3. Parcel 7 on Map 67; 4. Parcel 5-1 AB on Map 67; and 5. Parcel 9 on Map 67. Petition Article, Harris E. Stone.


The two zoning articles have been submitted for and are included in the warrant for the Annual Town Meeting to be held on May 3, 2004 at 7:30 p.m. at the Hanson Middle School. At the Annual Town Meeting, the Planning Board will, as required by law, make recommendations to the voters.  The proposed zoning amendments, the existing bylaw, a zoning map and a plan showing the proposed amendments are on file with the Planning Board and the Town Clerk and may be viewed at the Planning Board’s office or at the Town Clerk’s office, which are at 542 Liberty Street, during regular business hours.

Philip R. Lindquist, Chairman
Hanson Planning Board
April 1, April 8, 2004


II.     Presentation of Zoning Articles

        Jordon Stone of Peregrine Group LLC of Rhode Island gave a presentation on behalf of himself and his father, Harris Stone, owners of all six parcels included in the two petition articles. Also present were their attorney, Elissa Gordet Franco of Westwood, and their engineer, Eric Offenberg of Northeast Engineers & Consultants, Inc. of Middletown, RI.

        Mr. Stone explained that the purpose of Article 31 on the warrant for the May 3, 2004 annual town meeting, was to extend the flexible overlay district over five parcels and the intent of Article 32 was to change the zoning of those five parcels plus one other from Commercial-Industrial to Residence AA.

        He said that he had a two-phase plan for use of the property if the zoning were approved.  The first phase would be the construction of approximately eight single family homes off Holmes Street and the second phase to construct approximately 14 duplex homes off a roadway off West Washington Street.  Acreage not needed for the construction of the housing, he said, would be donated as open space.





III.    Questions from Abutters

        Clerk David Nagle advised those present that the following abutters had been notified of the hearing on April 8, 2004 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.  
        
        Mr. Nagle then read the names of property owners on the abutter’s lists certified by the Board of Assessor’s Office on February 18, 2004 offering the opportunity to comment to abutters as their name was read. Administrative Assistant Barbara Ferguson said that all abutters had been properly notified.

Nepalco, Inc. - No Comment
Harris Stone - No Comment
Johnco LLC - No Comment
Massachusetts Bay Transportation Authority - No Comment
Town of Hanson - No Comment
VS Haseotes & Sons - No Comment
Dermot & Michelle Rooney - No Comment
Hanson Housing Authority - No Comment
FW Harbester III, Trustee - No Comment
Christine & Kevin Lewis - No Comment
Charles Roderick - No Comment

Daniel & Tammy Maurano - Daniel Maurano expressed concern for the wildlife that currently resides on the property and the quality of the soil. Board members told him that, if the articles are approved, the applicants would have to come before the Planning Board and the Conservation Commission before any housing could be constructed.

Joseph A. Devine, Trustee - No Comment
Bruce Chapman, Jr. - No Comment

Leah Smith - Leah Smith said that she was concerned with the traffic that 14 duplexes would generate.  The applicant countered that a business would generate more traffic than housing.

BV Hanson Corp., Inc. - No Comment
Robert & Susan Leahy - No Comment
David & Dorothy Guiney - No Comment

Maureen Regan - Maureen Regan expressed concern with the potential drainage problems new construction could generate and she was told that the applicant would be required to keep drainage away from existing house lots.

Patricia Riddle - No Comment
Paul & Charlene DiBella - No Comment

Donna Nicholson & Eileen Chandler - Eileen Chandler questioned the proposed location of the houses in the Holmes Street development and was told the location was selected due to the need for a buffer and wetlands concerns.

Thomas & Margaret Pacella - No Comment
Margaret Drew, Trustee - No Comment     
Lorriann & Masashi Shimojo - No Comment
Richard & Shirley Avery, Trustee - No Comment
Judith E. Hines, Trustee - No Comment
Gerald & Donna Hoyt - No Comment
Marilyn Smith - No Comment
Leslie & L. Clayton Prario - No Comment
Charles & Ruth Busche - No Comment
David and Gloria Beauvais - No Comment
Robert & Marian Scott - No Comment
Sean & Susan Kealy - No Comment
John & Pamela Jones - No Comment
Wayne & Madeline Reed - No Comment
Gary & Barbara Banuk - No Comment
Donald & Judith Turpin - No Comment
Russell & David Dean - No Comment

IV.     Questions from public

        Ruth Sylvester of West Washington Street asked if the duplex units would be Section 8 housing and was told by the petitioner that there was no intent for either Section 8 and Chapter 40B housing.  She noted that there is a problem in the area with flooding basements.  She pointed out that there is also a moratorium on new water hookups.  She said housing is a tax burden to the town. Dean Sylvester of West Washington Street expressed concern with the potential increase in traffic commenting that the speed limit is not observed.
        .
V.      Questions from the Board

        David Nagle said that zoning changes should only be made when there is a compelling reason.  Jordan Stone said that the changes would allow for development of the property that is more consistent with the neighborhood and would provide additional open space for the community.  The construction of individual wells, Mr. Nagle said, could adversely impact the aquifer.  Mr. Offenberg said that commercial use of the property would have a greater impact.


VI.     Findings

        The Board decided not to make any recommendations on the proposed amendments until the close of a public hearing to be held on April 28, 2004 at 7:30 p.m. on a third zoning amendment.


VII.    Adjournment

        Motion to Close the Hearing: Gerard LeBlanc
        Second: Joan DiLillo
        Vote: 5-0