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Zoning Hearing-April 28, 2004
HANSON PLANNING BOARD
MINUTES OF PUBLIC HEARING
Held
APRIL 28, 2004 @ 7:30 P.M.
On
PROPOSED ZONING BYLAW AMENDMENT
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: 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 Enterprise:

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 28, 2004, at 7:30 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 change zoning from Commercial/Industrial to Residence AA on a parcel of land. Land in said Hanson on Holmes Street, shown as Lot 1 on Assessor’s Map 66 or take any other action relative thereto. Proposed by Charles Bushe and 16 others. This zoning article has been submitted for and is included in the warrant for Town Meeting to be held on May 3, 2004 at 7:30 pm. at the Hanson Middle School.  At the Town Meeting, the Planning Board will, as required by law, make recommendations to the voters. The full test of the proposed amendment, a copy of the existing 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
April 12, April 19, 2004


II.     Presentation of Zoning Articles

        Property owner Robert Leahy told the Board that he and his wife were contemplating selling their entire 17.4 acre parcel for development.  The back portion of the lot which is zoned Commercial/Industrial is land locked, he said.  The front section of the parcel is zoned Residence AA. Changing the zoning of the entire parcel to Residence AA, Susan Leahy said, would make it easier to sell.

        
III.    Questions from Abutters

        Clerk David Nagle advised those present that the following abutters had been notified of the hearing 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 March 8, 2004 offering the opportunity to comment to each abutter as their name was read. Administrative Assistant Barbara Ferguson said that all abutters had been properly notified.

Nepalco, Inc. - No Comment
Town of Hanson - No Comment
Steven, Glenn & Nancy Cappellini and Raymond Sinibaldi - No Comment
Joseph & Judith MacDonald - No Comment
Brian Murphy - No Comment
Carrie Boulay - No Comment
Daniel & Heidi Herlihy - No Comment
Beverly Kolacz - No Comment

Robert Huston - Mr. Huston said that he was concerned about the proposal because the land is located in the Taunton River Watershed and its use would impact existing wildlife.  He said that he maintains the stream that runs through the area and is not in favor of changing the zoning. He said development could impact the town water supply.

Hugh Frande - No Comment

Dean & Ruth Sylvester - Ruth Sylvester asked what would happen to the surrounding parcels if the change were approved and Mr. Nagle said they would remain Commercial/Industrial zoned.

VS Haseotes & Sons - No Comment
Harris Stone - No Comment
Robert & Susan Leahy - No Comment
Lorriann & Masashi Shimojo - No Comment
Richard & Shirley Avery - No Comment
Judith Hines - No Comment
David & Gloria Beauvais - No Comment
Robert & Marian Scott - No Comment
Sean & Susan Kealy - No Comment


IV.     Questions from public

        Attorney Steven Gordet of Westwood representing the Peregrine Group of Rhode Island, said that the zoning change requested was similar to the proposal made on behalf of his client the previous week and his client was in support of this zoning change. He said it would be a benefit to the neighbors to have the parcel zoned residential.

        Daniel Maurano of West Washington Street said he was concerned with the impact this project and the Peregrine Group projects could have on the watershed and the wildlife. Mrs. Leahy noted that the people who signed the petition are abutters to her property.
        .

V.      Questions/Comments from Planning Board Members

        Board members advised the Leahys that they would have to make a presentation at town meeting.  They said that at the very least the Leahys would need a plan of their parcel suitable for viewing by the audience which shows the current breakdown between the Residence AA and Commercial/Industrial portions of their property.

VI.     Findings

        Stating they found no advantage to the town to change the zoning on the Leahys’ parcel based on the information presented, the Board moved to a vote.

        Motion not to recommend the zoning change proposed in Article 30: David Nagle
        Second: Gordon Coyle
        Vote: 5-0

        The Board then turned its attention to a finding on the two amendment changes proposed by Peregrine Group at the public hearing held on April 21, 2004 with the majority favoring no change. Mr. Nagle favored changing all six parcels to Residence AA stating it was a better use for the property than commercial based on its proximity to the town’s water supply, but he was opposed to extending the flexible overlay district.

        Motion not to recommend the zoning change proposed in Article 31: Joan DiLillo
        Second: Gordon Coyle
        Vote: 5-0

        Motion not to recommend the zoning change proposed in Article 32: Gerard                        LeBlanc
        Second: Gordon Coyle
        Vote: 4-1 (David Nagle dissenting)      
                        

VII.    Adjournment

        Motion to close the hearing: Joan DiLillo
        Second: Gordon Coyle
        Vote: 5-0
        
        Motion to adjourn: Joan DiLillo
        Second: Gordon Coyle
        Vote: 5-0