HANSON PLANNING BOARD
MINUTES OF PUBLIC MEETING OF APRIL 7, 2014
TOWN HALL, 542 LIBERTY STREET, HANSON, MA
Members present: Donald Ellis, Chairman
Joseph Gamache, Member
Absent: Patricia Glenn, Vice-Chair
Stephen Regan, Clerk
Joseph weeks, Member
Also present: Laurie Muncy, Town Planner
Virginia Costley, Administrative Assistant
II. ACCEPTANCE OF MINUTES
Because only two members were present the minutes of January 27, February 10 and February 24, 2014 will be voted on at a future meeting.
III. PUBLIC MEETING
7:15 PM – HEMLOCK HILLS SUBDIVISION
This is an informal question and answer session to allow public participation in addressing any concerns or questions on this project.
Concerned residents of the subdivision in attendance expressed their frustrations that after so much time has elapsed, things are still the same, nothing has been done to correct the issues.
Town Planner, Laurie Muncy, informed the residents present how important it will be for them to attend Town Meeting so that the Article pertaining to acceptance of G.L.c41, s.81U passes. This will allow the Planning Board to take the money from the developer to use for upgrades, etc., with approval from the Board of Selectmen. Otherwise, the money goes into a general fund and requires going back to the next town meeting to ask for the funds for the work that needs to be done.
At this time it is not known if there will be enough funds to complete the work after the taking – will have to go out for bids on corrections to the subdivision and prevailing wage will have to be paid. Approximately $32,000 is what is left for money. Work to be done includes grading and sidewalks ; also obtaining right of easement to the roadway so that plans can be prepared to accept the road and have the road maintained by the Town. In order to do this, some
Deed research has been done and it appears that the developer did not maintain a fee in the roadway which is the legal requirement in the Deed that says the developer is selling you this parcel and allowing the owner an easement to trespass over the roadway but the developer owns the roadway. The developer failed to do this, so legally the concern is that now you as the property owners may own to the centerline of the roadway. In order to proceed, the Planning Board will need to hire Town Counsel to research this and if appropriate, he will need to obtain an easement from property owners over that roadway. Per Laurie Muncy, the Town will want to maintain an easement but do not want the fee in the roadway. The Town only wants to maintain an easement to trespass and maintain over the surface of the road. If
the roadway is accepted the Town maintains the road, replaces asphalt as needed, and would own the easements over the drainage structures and the structures themselves.
Residents present felt the Town dropped the ball; complete incompetence between the previous Planning Board , previous Town Planner and the Town in releasing funds to the developer.
Chairman Ellis reiterated to the residents present, that the Planning Board cannot sue the developer, per Town Counsel. The only thing the Board can do with the $32,000 is the road.
The Board also has to do a surveyed Plan to be accepted and recorded at the
Registry of Deeds on the roadway. The road bounds have to be put in, but legal issues must be taken care of first; quite possible that at the end of the day, the money set aside will not be enough to finish all that needs to be done.
Chairman Ellis told the residents that the developer should have had an asbuilt plan drawn and submitted to the Town. The engineer would have gone out and checked that the bounds were in and layout complete. He reminded the residents again to make sure they go to Town meeting to vote for this acceptance of the State law.
One resident was willing to go to Curley & Hansen, engineer for developer, to obtain the following items if possible: an acceptance plan, a layout plan and an asbuilt plan;
also, any easements for any drainage structures that may be on the lots.
The next meeting scheduled for the residents of Hemlock Hills will be held on July 28th, 2014.
IV. ZONING HEARING
Application of Faith Machado for a special permit/variance to allow to demolish and reconstruct a 22’ a 36’ new home that is preexisting, nonconforming at 683 Winter Street, Map 106, L0T 6a.
Comments: Board members present were fine with the proposal.
No motion needed to adjourn as only two members were present.
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