HANSON PLANNING BOARD
Minutes of the Meeting of
April 12, 2010
I. CALL TO ORDER
Chairman Philip Lindquist called the meeting to order at 7:30 p.m.
Members Present: Philip Lindquist, Chairman
Joan DiLillo, Vice Chairman
Richard Flynn, Clerk
David Nagle, Member
Kenneth Lawson, Member
Others Present: Noreen O’Toole, Town Planner
Barbara Ferguson, Administrative Assistant
II. ACCEPTANCE OF MINUTES
Acceptance of Minutes of Meeting of March 15, 2010
Motion to accept the minutes of March 15, 2010: Joan DiLillo
Second: Richard Flynn
Vote: 3-0-1 (Kenneth Lawson abstaining; vote taken before arrival of David Nagle)
III. TOWN PLANNER’S REPORT
Trails Committee
Town Planner Noreen O’Toole said that Chairman Philip Lindquist will be speaking to the Conservation Commission about taking over responsibility for the Trails Committee.
Zoning Bylaw Committee
Ms. O’Toole said that the Zoning Bylaw Committee will be discussing a junk/storage bylaw with sample bylaws to be provided by Building Inspector Robert Curran. Also under consideration will be a cluster bylaw and an expansion of the business zone on Liberty Street.
Old Colony Planning Council Joint Transportation Committee
Ms. O’Toole told the Board that she missed the April meeting of the Old Colony Planning Council Joint Transportation Committee because of a conflict with a Department Head meeting at Town Hall. She said that she, Chairman Philip Lindquist, and Vice Chairman Joan DiLillo attended an Old Colony Planning Council sponsored Route 58 Corridor Study meeting at Town Hall on March 30, 2010. A second meeting will be held next month, she said. She distributed copies of the material provided at the Corridor Study meeting to Board members.
Other Matters
Ms. O’Toole told the Board that the town budget for Fiscal 2011 is evolving and Town Administrator Rene’ Read is meeting with Boards and Committees. She said that the Planning Board’s budget currently stands at $3,804. The Planning Board office staff will be meeting with Mr. Read on Wednesday at 1 p.m. to discuss the department budget.
IV. APPOINTMENTS
Form A/ANR
Chandler’s Mill Road
The Board met with Darren Michaels of Foresight Engineering, Inc. of Middleborough to discuss a Plan of Land, dated March 4, 2010, prepared for Robert & Kristine Coose and Kelly & Michelle Woerdeman, both of Chandler’s Mill Road. Mr. Michaels said that the plan depicted a reconfiguration of property lines which was necessary because of an in-ground pool which is set on an abutting property.
Motion to approve the Plan of Land as presented: Richard Flynn
Second: Joan DiLillo
Vote: 5-0
Retreat Lot
Independence Ave.
The Board met with Mark Comeau for further discussion on the installation of utilities to a house he intends to build on Lot 0 off Independence Avenue. A wetlands crossing is necessary for which he has received an order of conditions from the Conservation Commission. Mr. Comeau would like to use utility poles in the area of the access that runs through the wetlands. The rest of the utilities would be installed underground.
Chairman Lindquist noted that Independence Avenue is a town street now that it has been approved by town meeting. The Board recommended that Mr. Comeau contact National Grid. Members suggested that he also contact abutters to see if any would be amendable to a utility easement to the site.
Form A/ANR
Indian Head Street
The Board reviewed a Plan of Land, dated March 16, 2010, prepared for Satucket Cranberries, LLC by Land Planning, Inc. of Hanson. The plan combines Parcel A with land of Peter T. Oakley.
Motion to approve the Plan of Land off Indian Head Street: David Nagle
Second: Joan DiLillo
Vote: 5-0
Stonebridge Commons
Reduction of Bond for Pulte Homes
The Board met with Mark Ridder of Evergreen Properties and Glenwood Investments and Reid Blute of Pulte Homes of New England for further discussion on a request for a reduction in the Pulte bond for Stonebridge Commons.
Town Planner Noreen O’Toole told the Board that she had received a fax earlier in the day from John Goldrosen of Kopelman and Paige, town counsel, in response to the documents she had forwarded to him relative to the transfer of responsibility for the completion of Stonebridge Commons from Pulte to Evergreen/Glenwood.
Mr. Ridder provided the Board with a copy of a page from the agreement between Pulte Homes of New England and Evergreen Properties and Glenwood Investments which he said clarified the terms for a release of a portion of Pulte’s bond but Board members favored Attorney Goldrosen’s recommendation that he speak with Mr. Ridder’s attorney to institute some verbiage in his covenant that would better protect the town and the residents of Stonebridge Commons if Evergreen/Glennwood should fail to honor its commitments before voting to release any of Pulte’s bond money.
Mr. Ridder agreed to having the two attorneys talk directly although he noted that Mr. Goldrosen’s comments seemed to contradict an opinion offered in 2006 that conditions in the special permit granted for the project requiring the developer to complete infrastructure before being able to construct and sell dwelling units is adequate protection. Board members said they were also interested in protections relating to the the construction of the recreation building if the rest of the units are not built and there is no bond.
Motion to continue the discussion to Monday, April 26, 2010 at 8 p.m.: David Nagle
Second: Joan DiLillo
Vote: 5-0
Residents of William Way
Ms. O’Toole told the Board that she had gone to the home of Regina Bean of 4 William Way when a call came into the office of a serious water problem in her basement during the extraordinary rain storms in March. She said that John DeLano of John W. DeLano and Associates, Inc. of Halifax, who served as the Board’s review engineer, while the subdivision was being built, had also gone to the site to view the retention basin located on Mrs. Bean’s property. Board members were given a copy of the letter generated by his visit and Ms. O’Toole read it aloud.
In his letter, dated April 12, 2010, Mr. DeLano indicated that the retention basin functioned in accordance with the design in that it stored the rainfall from the extraordinary series of rain events. He said that it was apparent that the water tables in the subdivision as in other areas were raised by the recharge into the soils by the rainfall events. He said that the emergency spillway on the retention basin could be lowered to keep the level of water in the basin at a lower level, that the basement at 4 William Way could be retrofitted with an adequately sized sump pump system, or the town could consider allowing the Beans to daylight a basement floor drain to town owned land to the rear of their property which would eliminate a sump pump
system.
Mrs. Bean noted that at the public hearing for Edgewood Estates in September of 2003 an abutter was told by the developer’s engineer, Steven Wry of Land Planning, Inc., that the maximum depth in the basin in a 100 year old storm would be 2.4 feet and the water would dissipate within 24 hours. She said that the water in the basin during the recent storms was over 8 feet deep and never dissipated. She said that the emergency overflow at the emergency spillway is higher than her yard and at its fullest the water was not flowing out. She showed the Board a display of pictures indicating thewater conditions at the site from before her home was built right through the conditions during the recent storms. She was asked if she had experienced problems before and replied
that May 16, 2010 was the first time she had water in her basement. Board members said that a high water table could have caused the problem.
She said that sump pumps were running constantly in her basement for days after the storm and that the Fire Department had responded with a heavy duty pump to assist with the problem. She and her neighbors finally resorted to using a bog pump in the retention basin, she said. The Board asked if she had contacted her builder about her water problem, and she replied that the builder had filed for bankruptcy. Also in attendance at the meeting was Marc Malcolm of 3 William Way, who also experienced water problems during the storms which he attributed to the failure of the retention basin to drain properly. The water has receded, he said, but during the storms there was no place for the water to drain.
Mrs. Bean said that she had hired an engineer to assess the situation and the board invited her to return with her engineer to the next Planning Board meeting on April 26, 2010 at 8 p.m. Ms. O’Toole told the Board that she and Mr.DeLano were planning to attend the Board of Selectmen’s meeting on Tuesday, April 13, 2010 at 7:30 p.m.when Mrs. Bean and her neighbors would be discussing the water problems with members of that Board.
V. NEW BUSINESS
Construction Inspection Report
Hemlock Hills
Board members took home for review a March 12, 2010 Construction Inspection Report from Merrill Associates, Inc. for Hemlock Hills.
Meeting Dates
The Board decided to meet on April 26 and May 17, 2010 at 7:30 p.m.
Annual & Special Town Meeting Warrants
Board members took home for review copies of the May 3, 2010 annual and special town meeting warrants. Ms. O’Toole said that the current plan is to adjourn the annual town meeting to June 7, 2010 to allow time to establish more realistic figures for the Fiscal Year 2011 budget.
VI. OLD BUSINESS
Planning Board budget for 2010
Board members noted that the Planning Board budget recommended by Town Administrator Rene’ Read currently stands at $3,254. A total of $3,804 was requested.
Open Meeting Law Changes
Board members took home for review Top Ten Changes to Watch for in the New Open Meeting Law prepared by Kopelman and Paige, town counsel.
VII. ZONING BOARD HEARINGS
Application of Steven and Danielle Corrado for a special permit/variance to allow the construction of an addition which does not meet front yard requirements at 31 Andrew Lane.
COMMENT: Refer to Zoning Board of Appeals
Application of Gary Myette for a special permit to allow the alteration of a pre-existing, nonconforming single family home to a two family with no exterior changes or additions at 395 State Street.
COMMENT: Refer to Zoning Board of Appeals
Application of David G. Drosopoulos for site plan approval to allow the construction of a covered porch of 52.4’ x 16.4’ with related signage at 252 Main Street.
COMMENT: Refer to Zoning Board of Appeals
Application of T-Mobile LLC for site plan approval, a special permit and a variance to allow the construction of a 120’ flagpole-style wireless communication facility consisting of six panel antennas with an enclosed 1,645 square feet equipment compound at 318 Liberty Street.
COMMENT: This use is not allowed in a Business Zone
VII. ADJOURNMENT
Motion to adjourn: Richard Flynn
Second: Kenneth Lawson
Vote: 5-0
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