HANSON PLANNING BOARD
Minutes of the Meeting of
March 15, 2006
I. CALL TO ORDER
The meeting was called to order by Chairman Philip Lindquist at 7:30 p.m.
Members Present: Philip Lindquist, Chairman
Gerard LeBlanc, Vice Chairman
David Nagle, Clerk
Gordon Coyle, Member
Member Absent: Joan DiLillo, Member
Others Present: Town Planner Noreen O’Toole
Administrative Assistant Barbara Ferguson
II. APPOINTMENTS
Saeed Kashi
Revision of Planning Board Rules and Regulations
The Board met with Saeed Kashi of North Falmouth to discuss his proposal for a revision of the Board’s Rules and Regulations Governing the Subdivision of Land. His proposal calls for a review of the existing regulations, preparation of typical details, and preparation of the final document. He told the Board that he had 14 years of engineering experience. He said that, although he has a full-time job, he should be able to complete the revision in six months. He said that he would provide the Board with a letter indicating that his work for Hanson will not constitute a conflict with his full-time employment.
Ridgewood Elm Estates
Continued Public Hearing
(See Separate Minutes)
Alan Dias
Monponsett Street
Hawthorne Street
Mr. Dias presented the Board with a new Form A/ANR Plan, dated February 24, 2006, by Webby Engineering Associates, Inc. for the United Church of the First Born on Monponsett Street. The new plan depicts the existing church on a 9,623 square foot parcel with 89.56 feet of frontage identified as Lot A and the three existing dwellings on a 30,059 square foot parcel with 150 feet of frontage identified as Lot B. He also gave the Board a Declaration of Restrictive Covenant signed by property owner Manuel Santos of Havelock, North Carolina stating that there will be no further subdivision of Lot B and that there will be no increase in the square footage to any of the buildings shown on the plan.
Motion to approve the Form A/ANR as presented: Gordon Coyle
Second: Gerard LeBlanc
Vote: 4-0
Motion to approve the Restrictive Covenant as presented: Gordon Coyle
Second: Gerard LeBlanc
Vote: 4-0
Stating that they had been referred back to the Planning Board by Building Inspector Robert Kirby for further discussion relative to the stop work order he issued on the construction of a new house at the end of Hawthorne Street, Mr. Dias and his nephew, Kenneth Mitchell, the owner of the property, reviewed the history of the parcel from a Form A/ANR subdivision of the land in 1972 to the issuance of the stop work order. Mr. Dias noted that Mr. Kirby had issued a building permit and done a site inspection of the foundation. But, when a complaint was received from an abutter five weeks ago, he said, Mr. Kirby put a stop to construction on the grounds that the current Planning Board had never been asked to address the issue of adequate access and the Planning Board in
1972 had limited construction to one house as part of a Form A/ANR decision. Mr. Mitchell said that the shell of the house is up with some of the windows installed and others not. He said that the individual who had lodged the complaint was no longer concerned with the impact on his property from planned improvements to the traveled way which will include grading and the installation of a catch basin. At the conclusion of the discussion, a majority of board members felt that, although an adequate access determination should have been requested before the house was built and a prior board had limited construction to one house only, as a building permit had already been issued, they had no recourse but to accept the situation. They voted to have Town Planner Noreen O’Toole send a letter to Mr. Kirby advising him that the Planning Board has no recourse because a building permit has been issued. The letter, the Board said, should also note that the property owner has agreed to
improve the access although it does not conform to the Planning Board’s requirements.
Motion to send a letter to the Building Inspector: Gordon Coyle
Second: David Nagle
Vote: 3-0-1 (Philip Lindquist abstaining)
III. NEW BUSINESS
Hemlock Hills – Phase 2 (Off Cross Street)
Sign Mylars & Plans
Town Planner told Board members that the appeal period for their approval of the Hemlock Hills – Phase 2 subdivision had expired and they then signed the mylars and two sets of plans.
Stonebridge Commons (Off Winter Street)
Letter from Pulte Homes on Surety Bond
Letter from Treasurer/Collector on Surety Bond
Letter from Town Counsel on Surety Bond.
Board members reviewed a March 14, 2006 letter from Pulte Homes which included a copy of an executed surety bond with Fidelity and Deposit Company of Maryland in the amount of $6,073,44, a March 15, 2006 letter from Treasurer/Collector Jeanne Sullivan stating a preference that 25% of the amount be a cash bond, and a January 30, 2006 opinion from Attorney John Goldrosen of Kopelman and Paige, town counsel, that a surety bond is the form of security required by the special permit issued by the Planning Board. The Board noted that the two revisions to the surety bond requested by counsel have been incorporated into the surety bond included with the March 14, 2006 letter from Pulte Homes. The requested revisions were that any legal proceeding under the bond be
brought in a Massachusetts court and that the surety company give 60 days notice to the town before canceling or terminating the bond with the surety company responsible for a default by the applicant that occurs before the termination. Following a review of the material the Board concluded that a surety bond would provide greater protection to the town than a cash bond for a project the size of Stonebridge Commons.
Motion to accept a surety bond of $6,073,44 for Stonebridge Commons with Fidelity and Deposit Company of Maryland dated January 17, 2006: David Nagle
Second: Gerard LeBlanc
Vote: 4-0
Letter from Merrill Associates, Inc.
Board members took home for review a February 15, 2006 review of inspections made by their engineering firm, Merrill Associates, Inc. of Hanover at Stonebridge Commons.
Millennium Estates (Tag Way – Off Whitman Street, Route 58)
Letter from Attorney Robert Marzelli to Board of Selectmen
Acceptance of Tag Way as a public way
Board members reviewed a February 15, 2006 letter to the Board of Selectmen from Attorney Robert Marzelli of Marshfield, written on behalf of Sheila Niksa, petitioning to have Tag Way in the Millennium Estates subdivision accepted as a public way. The Board requested that the office schedule a final inspection by its review engineering company for the subdivision, P.M.P. Associates of East Bridgewater.
Letter from Attorney John Reilly
Notice of Intent to Sell Premises
Board members took home for review a March 2, 2006 letter from Attorney John B. Reilly of Abington which included a Notice of Intent to sell land on the east side of Elm owned by Lim Trust, pursuant to Massachusetts General Laws, Chapter 61A and a copy of a bona fide Option to Buy Agreement. The offer to purchase from the Commonwealth of Massachusetts Division of Fisheries and Wildlife for $2 million includes 116 acres in Hanson and 98 acres in Halifax.
IV. OLD BUSINESS
Pine Hill Estates (Off East Washington Street)
Letter from John W. DeLano and Associates
Construction Field Change
Board members reviewed a February 27, 2006 letter from John W. DeLano and Associates, review engineer for Pine Hills Estates, indicating his approval of the elimination of sub-drains as a minor construction change. David Nagle recused himself during the brief discussion of the letter.
Stonewall Estates (Off Whitman Street, Route 58)
Request for Release of Bond
Letter from Grady Consulting
Letter from Fire Chief
Copy of Letter to Board of Selectmen
Board members reviewed a February 2, 2006 letter from Goscon, Inc. seeking a release of his bond for Stonewall Estates, a February 14, 2006 letter from Grady Consulting, Inc., Goscon’s engineering firm, advising the Board that a requested 12 inch riser to a fire hydrant had been installed, a February 23, 2006 memo from Fire Chief Allen Hoyt advising that the problem with the fire hydrant had been corrected, and a February 23, 2006 letter from Goscon, Inc. to the Board of Selectmen seeking acceptance by the town of Litchfield Lane and Proud Foot Way. Board members said that they wanted to do a site visit before taking a vote on any bond release.
Annual Performance Appraisal
Town Planner
Administrative Assistant Barbara Ferguson told Board members that Executive Secretary Michael Finglas had been advised that Town Planner Noreen O’Toole received scores in the 24 to 30 point range from all five Planning Board members in her annual performance review. That score indicates that her performance consistently exceeds job requirements and that her performance yields results that are visibly superior.
Meeting with Finance Committee
Town Planner Noreen O’Toole advised Board members that the budget meeting with the Finance Committee originally scheduled for March 7, 2006 had to be rescheduled to March 21, 2006 at 7:30 p.m. as the Finance Committee was unable to achieve a quorum on the original date.
V. ZONING HEARINGS
Application of Christopher Pongratz, represented by Merrill Associates, Inc., for site plan approval to allow the construction of a 19,440 sq. ft. building and associated site improvements including access, grading, parking and utilities, Map 59, Lots 17-7 and 17-8, Industrial Boulevard, Hanson Assessors Map. Property is located in the Commercial/Industrial Zone and Aquifer II Zone.
COMMENT: Plan should be reviewed by a professional engineer.
Application of B.V. Hanson Corp. for a special permit to allow the conversion of two retail/commercial spaces back to one-bedroom apartments at 1080 Main Street, Map 43, Lot 3, Hanson Assessors Map. Property is located in the Commercial Industrial Zone, Flexible Overlay Zone and Zone II of the Aquifer Protection District.
COMMENT: Refer to Board of Appeals
Application of Margaret J. Hirst represented by Brian Woodill for a special permit/variance to allow the construction of a 25 ft by 36 ft. second floor addition on a non-conforming structure at 20 West Street, Map 70, Lot 34, Hanson Assessors Map. Property is located in Residence A Zone.
COMMENT: Refer to Board of Appeals
Application of Robert Ring for a special permit/variance to allow for the alteration and/or reconstruction of a screened porch into a year-round family room at 355 Holmes Street, Map 57, Lot 6, Hanson Assessors Map. Property is located in Residence AA and Agricultural Zones.
COMMENT: Refer to Board of Appeals
VI. ACCEPTANCE OF MINUTES
Acceptance of the Minutes of Meeting of February 15, 2006
Motion to accept the minutes of the meeting of February 15, 2006: Gerard LeBlanc
Second: Gordon Coyle
Vote: 4-0
VII. TOWN PLANNER’S REPORT
Town Planner Noreen O’Toole told the Board that the town’s GIS system will be the main topic of discussion at the monthly meeting of department heads. The Zoning Bylaw Committee, she said, was scheduled to meet on Monday, March 20, 2006. She said that she was planning to attend a meeting with the MBTA on March 22, 2006 to discuss commuter rail parking. The Master Plan, she said, is being paginated. Chairman Philip Lindquist advised the Board that Katherine Roth from the Community Preservation Coalition and Gabriela Silva from the Wildlands Trust of Southeastern Massachusetts will be in attendance at the April 3, 2006 meeting of the Open Space Committee. The meeting is scheduled to begin at 7:30 p.m.
VIII. ADJOURNMENT
Motion to adjourn: Gerard LeBlanc
Second: Gordon Coyle
Vote: 4-0
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