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Planning Board Minutes-Oct. 29, 2007
  HANSON PLANNING BOARD
Minutes of the Meeting of
October 29, 2007

I.      CALL TO ORDER

        Chairman Philip Lindquist called the meeting to order at 7:35 p.m.

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

        Others Present: Town Planner Noreen O’Toole
                                Administrative Assistant Barbara Ferguson


II.     ACCEPTANCE OF MINUTES

        Acceptance of Minutes of Meeting of October 15, 2007

        Motion to accept the minutes of the meeting of October 15, 2007: Gordon Coyle
        Second: Richard Flynn
        Vote: 3-0-2 (Joan DiLillo & David Nagle abstaining)

                
III.    TOWN PLANNER’S REPORT

        Master Plan Committee

        Town Planner Noreen O’Toole said that she was planning to convene the Master Plan Committee to review the draft copy of the plan before the final editing.

        Hanson Trails Committee

        Ms. O’Toole reported that there had been no recent meetings of the Hanson Trails Committee.

        Zoning Bylaw Committee

        Ms. O’Toole said that a letter would be sent to all town departments seeking input on any recommended zoning bylaw changes.

        Old Colony Planning Council Joint Transportation Committee

        Ms. O’Toole said that the next meeting of the Old Colony Planning Council Joint Transportation Committee would be held on Thursday, November 8, 2007 at noon in Brockton.  She said that she had not as yet received an agenda for the meeting.

        Other Matters

        Chairman Philip Lindquist said a firm had been selected to do an Open Space Plan for the town.  He said that Town Administrator Michael Finglas would be negotiating with the firm.


IV.     APPOINTMENTS

        Form A/ANR
        Whitman Street

        Board members met with Rick Grady of Grady Consulting of Kingston and Attorney Robert Galvin of Duxbury to discuss a Form A/ANR for property at Whitman Street and Litchfield Lane initially brought before the Board at its October 15, 2007 meeting. The Board expressed concerns at that meeting that the proposed plan would violate the corner lot provisions of the town’s zoning bylaw. The plan, prepared for Goscon, Inc. of Kingston by Robert C. Bailey Co of Pembroke, divides a 2,029 square foot Parcel A from Lot 19-1, Assessors Map 110 which would create a buildable lot on Litchfield Lane. The plan calls for Parcel A to be combined with an abutting lot owned by Priscilla Moore, et al. The property is located in a Residence AA Zone where the required frontage is 175 feet.  The existing lot does not have the required frontage on Whitman Street. At the conclusion of the discussion at the prior meeting Mr. Grady was granted more time to provide the Board with additional information.

        Attorney Galvin told Board members that under the provisions of the subdivision control law they were to bound to make an endorsement unless the plan presented showed a subdivision.  He noted that the plan indicates Parcel A is not a buildable lot. He said the Planning Board could have limited the number of lots within the Stonewall Estates subdivision but did not do so.  He presented the Board with several examples of case law in support of the endorsement requirement.  Mr. Grady pointed out that the Board allowed a similar separate parcel when the Alden Way subdivision off Liberty Street was created.  When board members noted that the combination of Parcel A with the Moore property would make that lot nonconforming, Mr. Grady suggested that the parcel be conveyed to the subdivision’s homeowners’ association or a third party.  Attorney Galvin said the Board could be given a covenant that the parcel would be maintained.

        Because the conveyance to a third party would necessitate a revision of the plan, Attorney Galvin, acting on behalf of Goscon, granted an extension of time for a decision to the Board’s November 19, 2007 meeting.  Member David Nagle read Mr. Galvin’s extension request into the record. Board members asked Town Planner Noreen O’Toole to consult with Kopelman and Paige, town counsel, prior to the next meeting.

        Motion to continue the discussion on the Form A/ANR for Whitman Street and              Litchfield Lane to November 19, 2007 @ 7:45 p.m.: Richard Flynn
        Second: Joan DiLillo
        Vote: 5-0

        Collamore Estates Residents

        Town Planner Noreen O’Toole told the residents that developer William Konish had contracted with Land Planning, Inc. of Hanson to design a plan for the failed underground drainage piping system in their subdivision.  The plan, she said, would be based on the recent recommendations of the Board’s design engineer, Seth Kruger of Merrill Associates of Hanover with the exception that the depth would be less than the recommended five feet. Chairman Philip Lindquist said that all utilities should be shown on the plan.

        In the interest of moving the project forward quickly, Chairman Lindquist said that work could commence without approval at a Planning Board meeting as long as both engineering firms were in agreement as to the procedure. Resident Peter Huska said that Dig Safe had marked the area in question but should be requested to return because the markings do not cover the entire area where work will be required. Vice Chairman Joan DiLillo said that the Highway Department should also be contacted for a street opening permit.  It was agreed that the issue would be revisited on Monday, November 19, 2007 at 7:30 p.m.


V.      NEW BUSINESS

        November Meeting Dates

        Board members set their next meeting for Monday, November 19, 2007 at 7:30 p.m.
        
        FY2009 Budget

        Board members reviewed the budget submitted for Fiscal Year 2009 which reflects an increase of $275 for printing and mapping.  The total requested is $3,600.

        Motion to approve the budget as submitted: Gordon Coyle
        Second: David Nagle
        Vote: 5-0
        
        Hemlock Hills
        Inspection Report, Merrill Associates

        Board members reviewed Hemlock Hills inspection reports from review engineer, Merrill Associates dated October 19 & 22, 2007, relative to the installation of bank and process gravel and the binder course of pavement along the southern section of Azalea Drive from the intersection of Hemlock Drive.


VI.     OLD BUSINESS

        Pine Hill Estates
        Letter from Highway Surveyor

        Board members reviewed a letter from Highway Surveyor Richard Harris relative to problems that are occurring from water washing out of Pine Hill Estates onto East Washington Street.  He suggested the placing of silt fence to the left and right on the entrance to contain runoff and catch silt and debris. In his opinion, he said, another set of catch basins should be installed approximately 50 feet north of the existing double catch basins or a cross drain should be installed at the existing basins.

        Town Planner Noreen O’Toole advised the Board that a meeting with developer Edward Johnson, his engineer, a representative the Board’s review engineering firm, Merrill Associates, and Chairman Philip Lindquist had met at the site.  She said that Mr. Johnson had agreed to cut out an area and put in hay bales.  Chairman Lindquist said that the road should be crowned so that water would flow into a gutter and then into the existing basins.  He said that the road needs to be swept.  Ms. O’Toole said the basins are clogged with silt.

                
VII.    ZONING BOARD HEARINGS

        Application of Matthew C. Olsen for a special permit to allow for the construction of an in-law apartment to an existing home at 589 Whitman Street, Assessors Map 108, Lot 15B.  Property is located in Residence A Zone.

        COMMENT: Defer to Board of Appeals

        Application of Jack and Katherine Vaughan for a variance to allow the subdivision of the premises at 131 East Washington Street resulting in a lot (Lot 5 on the plan submitted herewith) having less than the required frontage along East Washington Street and less than the required front yard setback on the proposed subdivision roadway, Assessors Map 99, Lots 1 and 1A.  Property is located in Residence A Zone.

        COMMENT:  Plan does not meet corner lot provisions in the zoning bylaw
        

VIII.   ADJOURNMENT – 8:55 p.m.

        Motion to adjourn: David Nagle
        Second: Joan DiLillo
        Vote: 5-0