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Planning Board Minutes, April 28, 2014
HANSON PLANNING BOARD
MINUTES OF PUBLIC MEETING OF APRIL 28, 2014
TOWN HALL, 542 LIBERTY STREET, HANSON, MA.


CALL TO ORDER   7:00 PM

Members present:        Patricia Glenn, Vice Chair
                        Joseph Gamache, Member
                        Joseph Weeks, Member
Absent:         Donald Ellis, Chairman
                        Stephen Regan, Clerk
Also present:           Laurie Muncy, Town Planner
                        Virginia Costley, Administrative Assistant

APPOINTMENTS

7:05 PM  Mr. Paul Proudman,  52 South Street, spoke with the Board about the possibility of subdividing his property which has 1.6 acres  shown on Map 24 Lot 1 to add a second home.  Mr. Proudman’s Plan meets the requirement for frontage but may have a problem on one side setback.   Mr. Proudman was advised to have the land surveyed to make sure the measurements are accurate before proceeding any further.

7:15 PM   Review of A/ANR Plan of Land for Arthur and Richard Borgeson of 452 W. Washington Street, Map 8, Lot 84.  Mr. Gary Rice of Land Planning, Inc. presented the proposal for the Borgesons.  A Plan of Land was prepared by Land Planning Inc., 1115 Main Street, Hanson, MA, and numbered DWG NO. P2855FMA, Job #P-2855, dated January 28, 2014.  
        Three lots are being reconfigured and adding a fourth lot – three lots without houses are buildable lots and the existing house on Parcel A will be joined with Parcel B.  Parcel A is to be combined with Lot 3; and Parcel B will be combined with remaining land of Arthur & Candace Borgeson shown as Map 84 Lot 8.  The property is in the Residence AA zone.  On the required checklist, it was noted that the fee was only partially paid.

        Motion made to approve the Plan as soon as the remainder of the fees is paid:  Patricia         Glenn
        Second:  Joseph Weeks
        Vote:  3-0-0

7:30 PM  Review of A/ANR Plan of Land  submitted by John D. Storey and Cindy J. Hewins concerning a transfer of property located at 315 W. Washington Street, Map 93 Lot 5.  Plan submitted was prepared by Anderson Surveys, Inc., Professional Land Surveyors, 800 High Street, Hanson, Ma., dated November 12, 2013 and revised April 4, 2014.  
        The Board made note that this Plan was previously reviewed and returned to correct some items on the Approval Not Required Checklist specifically items #8, #9 and #11.  Those items are still not identified properly according to the Plan Checklist for A/ANR.  Per the Plan the frontage is depicted as 151.29’, and should be 175’ for this zone.  Mr. Anderson previously stated to Ms. Muncy that this could be a hammerhead lot.  The Requisite Square shown on the Plan is required under Subdivision Rules and Regs but not on a Form A Plan, Ms. Muncy explained.  Board  members agreed that issue #8 on the Plan Checklist  needs to be clarified on the Plan and to remove the Requisite Square from the Plan.

        Motion made to not approve the A/ANR Plan for 315 W. Washington Street as       presented:  Patricia Glenn
        Second:  Joseph Weeks
        Vote:  3-0-0

DISCUSSIONS

7:45 PM  Informal discussion with Mr. Donald Shute regarding recording of subdivision plans pertaining to Brookside Estates  on Main Street.
       Ms. Muncy showed the Board the items on the Plan that needed to be discussed.  The Plan shows two different details as it relates to the following items:

        *Sloped vs vertical granite on the cul–de–sac
        *Trees:  2-1/2” at base or chest height (not clearly shown)
        *Cape Cod berm: 12” or 18” both shown on Plan, 12” installed on site
        *Needs a Chapter 81X letter for recording at the Registry
*Approval of 10/04/04 requires a legal description of the roadway layout and all easements (which are to be general easements) shall be conveyed to the town prior to the release of any lots from Covenant. Has this been done?

        Mr. Shute indicated that he was going to request a change to slope granite throughout the subdivision.  Mr.  Gamache recommended going with the vertical granite, which will hold up much better than sloped granite.

        Motion made to permit Cape Cod berm to match Cape Cod berm existing in the      subdivision around the interior of the cul-de-sac only          and use all vertical granite    instead of sloped:  Patricia Glenn
        Second:  Joseph Weeks
        Vote:  3-0-0

                The Landscape Plan calls for a tree every 50’ on either side of the street, per Mr. Shute.  Mr. Shute would like to know if he can have some leeway because every 50’ could run into a septic system, etc.  The Board agreed to some leeway as long as the amount stays the same.  The calipers will be measured at the base instead of chest high.
        Mr. Shute also stated that in order to record the Plans he needs a letter stating that nothing has changed.  Ms. Muncy will meet with Chairman Ellis regarding the signing of the letter.  Mr. Shute will then be notified.

8:00 PM Informal discussion with Attorney Brian Cook to review the filing requirements of Section XII of the Hanson Zoning By-law DETERMINATION OF ADEQUATE ACCESS.

        Mr. Cook is an attorney representing Gordon Andrews regarding property located on Snow Street.  Attorney Cook approached the Board to discuss the requirements for an Adequacy of Access filing on behalf of Mr. Gordon Andrews for the aforementioned property located on Snow Street.  Mr. Andrews has previously appeared before the Board on two separate occasions, August 12, 2013 and August 26, 2013 seeking guidance through a pre-application meeting with the Board prior to filing a complete application.    

        Vice-Chair Patricia Glenn told Attorney Cook that the previous meetings were informal discussions to provide guidance to the applicant as to the requirements for filing an Adequacy of Access application with the Planning Board, as provided within Section XII of the Town of Hanson Zoning By-law.     

The Board discussed with Attorney Cook the process that Mr. Andrews needs to follow to move forward, specifically to follow the direction provided under Section XII of the Zoning By-laws as they relate to an Adequate Access filing.  

        Mr. Alan Dias an abutter to the property was in attendance at this meeting as well as the two pre-application meetings held in August of 2013.  Mr. Dias stated to the Board that Snow Street is owned by the Town of Hanson.  It was his opinion that the roadway was taken back in the 1930’s for unpaid taxes but Snow Street is still classified as a private way.  Mr. Dias claims that locating the layout of the roadway should be no issue as he spent money to have bounds put in place.  Mr. Dias is of the opinion that any work to be done on the road should be with permission from the Board of Selectmen.  
        
Atty. Cook stated going forward Mr. Andrews will proceed with the process of preparing a plan and application that meets the filling requirements of Section XII of the Zoning Bylaws as it relates to Adequacy of Access.  This section of the zoning by-law requires the applicant to provide a plan which meets the minimum roadway standards outlined within the by-law and provide funds for engineering review of the plan.  Prior to preparing said plan, the applicant was advised to research the status of the roadway to determine ownership and provide evidence to the Planning Board that the Applicant has the legal authority to make improvements to the roadway.  Following receipt of the plan and application, the Planning Board will request input from other Town departments as it schedules a public hearing for review by abutting property owners and other interested parties.  Within 60 days following the close of the public hearing, the Planning Board will determine that either:

  • The plan may be approved because the proposed improvements will be sufficient to allow the Planning Board to issue a Positive Determination upon completion of the improvements;
  • The plan may be approved because the proposed improvements with modifications required by the Planning Board will be sufficient to allow the Planning Board to issue a Positive Determination upon completion of the improvements; or,
  • The plan must be denied, because the proposed improvements will be insufficient to allow the Planning Board to issue a Positive Determination upon completion of the improvements.
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.

After improvements are completed in accordance with approved plans and the Planning Board is so notified, the Planning Board shall issue a Positive Determination and shall notify the Building Department and the applicant in writing of its decision.  The Applicant could then apply for a building permit.  

MINUTES

        Motion made to approve the minutes of January 27, 2014; February 10, 2014, February     24, 2014 and April 7, 2014:  Joseph Weeks
        Second:  Joseph Gamache
        Vote:  3-0-0

ZONING

Review of Plan submitted by Amanda Monti for a Special Permit/Variance on May 20, 2014,   to demolish the preexisting nonconforming home to to relocate and construct a new home that meets the required setbacks in all areas except for frontage at 188 South Street, Map 23 Lot 34A. Property is in Residence A zone.

The Planning Board determined this was an improvement.

NEW BUSINESS

The next meeting will be held on May 12, 2014.

        Ms. Muncy reminded the Board that the Old Colony Planning Council annual meeting is to be held at T.J. Smith’s Victorian House in East Bridgewater on Wednesday May 14, 2014 at 6:00 pm followed by dinner at 7:30 pm.

ADJOURNMENT

        Motion made to adjourn the meeting:  Joseph Weeks
        Second:  Joseph Gamache
        Vote:  3-0-0