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Planning Board Minutes-June 8, 2005
HANSON PLANNING BOARD
Minutes of the Meeting of
June 8, 2005

I.      CALL TO ORDER

        Chairman Philip Lindquist called the meeting to order at 7:35 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.     REORGANIZATION OF THE BOARD

        Town Planner Noreen O’Toole conducted the annual reorganization of the board.

        Nomination of David Nagle for the position of clerk: Joan DiLillo
        Second: Gerard LeBlanc
        Vote: 5-0

        Nomination of Gerard LeBlanc for the position of Vice Chairman: Gordon Coyle
        Second: Joan DiLillo
        Vote: 5-0

        Nomination of Philip Lindquist for the position of Chairman: Gerard LeBlanc
        Second: David Nagle
        Vote: 5-0


III.    COMMITTEE APPOINTMENTS

        Zoning Bylaw Committee

        Chairman Lindquist designated David Nagle as the Board’s representative to the Zoning Bylaw Committee.

        Master Plan Committee

        Chairman Lindquist designated Gordon Coyle and Philip Lindquist as the Board’s representatives to the Master Plan Committee.

        Hanson Trails Committee

        Chairman Lindquist designated Gerard LeBlanc and Joan DiLillo as the Board’s representatives to the Hanson Trails Committee.

        Drainage Committee

        Chairman Lindquist designated Gordon Coyle as the Board’s representative to the Drainage Committee.

        Town Government Study Committee

        Chairman Lindquist designated Gordon Coyle as the Board’s representative to the Town Government Study Committee.

        Gordon Coyle told the Board that the Town Government Study Committee has decided that the Highway Superintendent should be appointed rather than elected.  A job description for the position will be drafted by Selectmen Jesse McSweeney and Rebecca Coletta and Peter Muise with the assistance of Highway Surveyor Richard Harris, Coyle said.


IV.     ACCEPTANCE OF MINUTES

        Acceptance of the Minutes of the Meeting of May 18, 2005

        Motion to accept the minutes of the meeting of May 18, 2005: Gerard LeBlanc
        Second: Gordon Coyle
        Vote:  5-0

        Acceptance of the Minutes of the Hemlock Hills -Phase 2 Public Hearing of May 18, 2005

        Motion to accept the minutes of the Hemlock Hills - Phase 2 Public Hearing of   May 18, 2005:  Joan DiLillo
        Second: Gerard LeBlanc
        Vote: 5-0

        Acceptance of the Minutes of the Pine Hill Estates Public Hearing of May 18, 2005

        Motion to accept the minutes of the Pine Hill Estates Public Hearing of May 18,         2005: Gerard LeBlanc
        Second: Joan DiLillo
        Vote: 5-0

V.      TOWN PLANNER’S REPORT
        
        Master Plan Committee

        Town Planner Noreen O’Toole gave Board members copies of the agreement between the Board and Old Colony Planning Council for the Circulation Component of the Master Plan.

        Motion to authorize the chairman to sign the agreement with Old Colony Planning         Council: Joan DiLillo
        Second: Gerard LeBlanc
        Vote: 5-0

        Zoning Bylaw Committee

        Ms. O’Toole told the Board that a Zoning Bylaw Committee meeting has been scheduled for July 11, 2005 at 7 p.m.  Some of the issues that need to be considered are frontage and accessory apartments.  She said that Acting Building Inspector David Bonney has also pointed out some items that should be deleted from the zoning bylaws.  Board members were given copies of the Determination of Adequacy of the Way Policy and Procedures from the Pembroke Zoning Bylaw.  She said that she will also try to have someone come to Hanson to talk about the Community Preservation Act.

        Old Colony Planning Council Joint Transportation Committee

        Ms. O’Toole told the Board that the chief engineer for the State Department of Transportation was the guest speaker at the annual meeting of the Old Colony Planning Council.  She said that he said that once the Big Dig is completed more money will become available for other communities especially those who have design plans for their projects.

        Other Matters

        Ms. O’Toole told the Board that Acting Building Inspector David Bonney has issued a building permit for Lot C, Assessors Map 6 with access from French Street because that is the street on which the lot has frontage.

        Ms. O’Toole told the Board that she had visited Pleasant Meadows and was in agreement with the Board’s engineer that everything has been completed despite the vote at town meeting to defer action on acceptance of the street to the October special town meeting.  She said that the money in the bond and escrow accounts should be released.  

        Motion to release the bond and escrow for Pleasant Meadows: Gordon Coyle
        Second: David Nagle
        Vote: 4-1 (Joan DiLillo dissenting)

VI.     APPOINTMENTS

        Mark Ridder
        StoneBridge Commons

        The Board met with Mark Ridder of StoneBridge Commons and his project manager, John A. Barrows of Marchionda & Associates, L.P. of Stoneham to review the status of specific and general conditions listed on the Special Permit Decision issued by the Planning Board on March 19, 2004.

        Before the review began, Town Planner Noreen O’Toole advised Mr. Ridder and the Board that she had spoken to Town Counsel, Kopelman & Paige, and been advised that the decision for StoneBridge Commons needed to be formally amended to protect both the contractor and the town. A special permit, she said, is unlike a certificate of action for a subdivision which can be amended by a vote of the Planning Board if the change is deemed not to be substantial.  The amendment of a special permit, she said, requires a new public hearing.

        Mr. Ridder said that he was disappointed to be receiving the news at this time.  He questioned why the issue of a public hearing was being raised now instead of three months ago when he first came before the board to advise them of proposed minor modifications to his plan.  He said that he has done everything itemized in his decision.  The only changes, he said, are the footprint changes to accommodate the change from some one and some two-car garages to all two-car garages and a reduction in the size of the clubhouse.

        Mr. Ridder said that he is in the process of trying to borrow $6 million to finance the project and the time required for a new hearing and the 20-day appeal period from the filing of an amended decision could create a delay.  He said all he thought he had to do was obtain a letter from the Board for his bank indicating that he had met all the conditions in his existing permit. Member David Nagle noted that changing the footprint of buildings without notifying abutters could result in litigation.  He told Mr. Ridder that the scheduling of a hearing should not change his timetable.

        During the discussion on the date for the amended special permit hearing,  Board members decided to meet on Thursday, July 7, 2005 and Thursday, July 14, 2005 and defer a decision on meeting dates in August to their next meeting.  Band concerts are being held on the Town Hall green on Wednesdays during the month of July.  Mr. Ridder’s hearing was set for July 7, 2005 at 8 p.m.

        The Board then began its review of the specific conditions of the permit. The first condition required no comment.  Mr. Ridder said that he had provided the Board with a proposed construction sequencing and erosion control schedule as required in the second condition. Chairman Philip Lindquist said that the schedule should contain a timeline. In conformance with the third condition, he said, that the Board would receive the construction plans for the sanitary sewer system 30 days before it is scheduled to be installed.  Mr. Ridder said that design plans for the bridge and guardrail were submitted in accordance with Condition 4. Chairman Lindquist said that retaining wall 2 should be changed to retaining wall 3. Conditions 5 and 6, regarding the drainage system and sidewalk, he said, are noted on the plans. Conditions 7, 8 and 9, regarding water lines, erosion control devises, and roadway maintenance, he said, are addressed in the condominium documents.  Conditions 8 and 9 are also addressed, he said, in the construction documents.  Mr. Ridder indicated that he has met 17 of the 18 general conditions.  The Department of Environmental Protection will be issuing an order of conditions in conjunction with Condition 11, he said, and a water conservation program has been completed in conjunction with Condition 13.  The bond required in Condition 18, he said, will be posted up front.
VII.    NEW BUSINESS

        Brookside Estates - Phase I
        Record of Construction Observation, P.M.P Associates

        Board members took home copies of a record of construction observation from P.M.P. Associates for Brookside Estates - Phase I.

        Brookside Estates - Phase II
        Record of Construction Observation, P.M.P. Associates

        Board members took home copies of a record of construction observation from P.M.P. Associates for Brookside Estates - Phase II.



VII.    ZONING BOARD HEARINGS

        
        Application of Barry Collins for a special permit and site plan approval to allow for the sale of one vehicle only at 1625 Main Street, Map 45, Lot 1, Hanson Assessors Map.

        COMMENT:  There should be a limit on the gross vehicle weight of the one vehicle for sale.


        Application of Edward B. O’Donnell, Jr. for a special permit and site plan approval for a finding that proposed change and/or alteration will not be more non-conforming and to allow the operation of a barbeque/sandwich cart in front parking area at 999 Main St., Map 42, Lot 10, Hanson Assessors Map.

        COMMENT:  The Board does not consider this accessory use to be in conformance with the zoning bylaws.

                
X.      ADJOURNMENT - 9:25 p.m.

        Motion to adjourn: David Nagle
        Second: Gerard LeBlanc
        Vote: 5-0