HANSON PLANNING BOARD
MINUTES OF PUBLIC HEARING
Held
SEPTEMBER 24, 2007 @ 8:00 P.M.
On
PROPOSED ZONING BYLAW AMENDMENTS
For
OCTOBER 1, 2007 SPECIAL TOWN MEETING
Members Present: Philip Lindquist, Chairman
Joan DiLillo, Vice Chairman
Richard Flynn, Clerk
Gordon Coyle, Member
David Nagle, Member
Others Present: Noreen O’Toole, Town Planner
Barbara Ferguson, Administrative Assistant
Donald Ellis, Zoning Bylaw Committee, Chairman
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. Clerk Richard Flynn advised that the public hearing notice had appeared in the Hanson Express on September 6 & 13, 2007. He did not read the notice due to its length and the fact that only Mr. Ellis was in attendance. A copy of the hearing notice is attached to these minutes.
I. Presentation of Zoning Articles
Town Planner Noreen O’Toole told the Board that two zoning articles had been submitted for inclusion on the warrant for the October 1, 2007 special town meeting by the Zoning Bylaw Committee. The articles appear on the warrant as Articles 30 and 31. She noted that Zoning Bylaw Committee Chairman Donald Ellis was present as well as David Nagle and Richard Flynn who are the Planning Board representatives to the Zoning Bylaw Committee to answer any questions the Planning Board might have.
Article 30 – Ms. O’Toole said that Article 30 would establish the procedure for determining adequate access on private ways. She said that John Goldrosen of Kopelman and Paige, Town Counsel, had changed some of the original wording for clarification. The bylaw, she said, would be similar to one already approved by the Attorney General’s office for the Town of Pembroke.
Article 32 – This article, she said, would reinstate a section inadvertently omitted from the bylaw when in-law apartments were added.
III. Questions from Abutters
There were no abutters present.
IV. Questions from Public
There were no questions from the public. .
V. Findings
Motion to recommend Article 30 at town meeting: Joan DiLillo
Second: Gordon Coyle
Vote: 5-0
Motion to recommend Article 31 at town meeting: Joan DiLillo
Second: Gordon Coyle
Vote: 5-0
VI. Adjournment
Motion to close the hearing: Richard Flynn
Second: Gordon Coyle
Vote: 5-0
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 Monday, September 24, 2007, at 8:00 p.m. in 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 30
To see if the Town will vote to amend the Hanson Zoning Bylaw by adding Section XII, Determination of Adequate Access to read as follows:
DETERMINATION OF ADEQUATE ACCESS
A. Purpose
The purpose of this bylaw is to set forth a procedure and standards by which the Planning Board may determine whether the access is adequate to one or more lots on a private way. In addition, the procedures set forth in this bylaw for improvements to a private way are designed to reduce the likelihood of drainage and erosion problems and ensure that improvements, when completed, result in a positive determination.
B. A building permit may be issued by the Building Inspector when the lot has required frontage on an accepted street. Otherwise, the Building Inspector shall not issue a building permit until the Planning Board has made a Determination of Adequate Access.
C. Application for Adequate Access Determination
1. Submittal Requirements – Applicants for an Adequate Access Determination shall submit the following items to the Planning Board:
a. A written request for an adequate access determination signed by the landowner seeking the determination.
b. The name of the private way on which a determination is being sought.
c. The assessor’s parcel number for the lot(s) for which a determination is being sought.
d. A locus map which shows adjacent ways and is sufficient to locate the way and parcel.
2. Planning Board Procedure - Upon receipt of a completed request for an Adequate Access Determination, the Planning Board will schedule the request for its next available meeting.
3. Review Standards - The Planning Board will consider the following criteria in determining whether a private way is of sufficient width, suitable grades and adequate construction:
a. The roadway surface must be a minimum of 15 feet of bituminous concrete.
b. The adequacy of or need for drainage along the roadway.
c. The number of existing and potential lots.
d. The slope of the roadway.
e. Adequate water supply.
The Board’s decision shall be based on the conditions that exist at the time the Adequate Access Determination is requested.
4. Decision - The Planning board will vote to issue a positive or a negative Determination of Adequate Access 60 days after the public hearing is closed. The Board’s decision will be issued in writing with reasons set forth and a copy shall be provided to the Building Inspector.
a. Positive Determination: The issuance of a positive determination will be permitted when all improvements have been completed to the satisfaction of the Planning Board’s review engineer.
b. Negative Determination: The Building Department will not issue building permits when a negative determination is made by the Planning Board.
D. Improvements to Private Ways
The Planning Board recommends that the following review and approval procedure be undertaken by those applicants seeking to improve private ways.
1. Submittal requirements - Applicants seeking to improve private ways shall submit the following requirements to the Planning Board. When all these conditions have been met, the Building Department may issue a building permit if the plan complies with zoning requirements.
a. Eight (8) sets of Road Construction Plans showing proposed improvements to the way at a scale of 1” = 40‘ or greater in plan and profile view signed by a registered professional engineer. Improvements must be made from the nearest “way” across the required frontage of the lot.
b. An estimate of the number of potential lots that could be served by the way based on existing zoning if a positive determination were issued.
c. An administrative fee and an escrow account to cover the costs of a review engineer in amounts to be determined by the Planning Board. An applicant may also be required to establish a bond depending upon the scope of the project.
d. A certified list of all abutters to the way that is being developed. If two ways are being improved, all abutters to both ways must be notified.
e. A statement whether or not the applicant intends to have the way accepted by the town.
Applicants may request a pre-application meeting with the Planning Board to discuss appropriate waivers and construction standards.
2. Public Hearing Requirements
a. The Planning Board shall conduct a public hearing on the proposed improvements with notice provided at least 14 days prior in a newspaper of local circulation. Applicants must pay the cost of advertising the public hearing.
b. The Planning Board shall request comments from the Highway Department, Fire Department, Police Department, Conservation Commission, Water Department, Building Department and Board of Health.
3. Review Standards - Based on site conditions, road improvements shall generally be constructed to the following minimum standards:
a. Pavement width shall be a minimum of 15 feet and should be constructed as follows: 3 inches of bituminous concrete on a 12 inch minimum gravel base (1 ½ inches of binder course, 1 ½ inches of wearing course) or existing asphalt penetration that has shown its ability to withstand the traffic flow.
b. Drainage – Depending on topography and other site conditions, curbing, catch basins or other drainage structures may be required. In all cases, appropriate provision for water run-off shall be made so that it leads into a drainage system, no water will be directed onto any abutting property, and no erosion will result.
c. Tapering – Where necessary, newly constructed segments of an unaccepted way shall be “tapered back” to provide a safe transition to the cross section of the existing ways.
d. The Planning Board will consider comments received pursuant to Section 2(b) in reviewing proposed road improvements.
e. One or more of these conditions may be waived by the Planning Board if the applicant can show by clear and convincing evidence that the requested waivers do not derogate from the intent of the Zoning Bylaw.
4. Decision:
a. Following the public hearing, the Planning Board will determine that either
1. The improvements are sufficient to allow the issuance of a Positive Determination with conditions.
2. The improvements with modifications are sufficient to allow the issuance of a Positive Determination with conditions.
3. The improvements are insufficient, in which case the plan shall be denied.
b. The Board shall have 60 days after the public hearing is closed to issue a written decision.
5. Completion of Improvements
a. Prior to commencing construction, the applicant will be required to pay for the cost of construction oversight by the Planning Board’s designee. Any unexpended funds will be returned to the applicant following completion of work.
b. After improvements are completed in accordance with approved plans and the Planning Board is so notified, the Planning Board shall issue a positive Determination of Adequate Access and shall notify the Building Department and the applicant in writing of its decision.
Proposed by the Zoning Bylaw Committee
ARTICLE 31
To see if the Town will vote to amend the Hanson Zoning Bylaw VI.B.2, Residence A and Residence AA Districts by adding the following.
h. Any use determined to be of similar character to the permitted uses of this district and to the intent of the district, said determination to be made by the Board of Appeals following petition of the land owner or owners.
Proposed by the Zoning Bylaw Committee
The two zoning articles, proposed by the Zoning Bylaw Committee, have been submitted for and are included in the warrant for the Special Town Meeting to be held on Monday, October 1, 2007 at 7:30 p.m. at the Hanson Middle School. At the Special Town Meeting, the Planning Board will, as required by law, make recommendations to the voters. The full text of the proposed amendments, a copy of the existing zoning 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
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