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PB Dec 7, 2005

Planning · Source meeting date: 2005-12-07 · Record 28380

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Source page 1

TOWN OF CANTON
PLANNING BOARD
MINUTES OF MEETING
TOWN HALL
WASHINGTON ST.

WEDNESDAY
DECEMBER 7,2005

Members present: Peter Pineo, Chairman, Jeremy Comeau, Vice Chairman, George Jenkins, Clerk, and
Jillian Hayes and Dean Miller.

Suzanne Feigen, Secretary

"Citizens Speak"

No one wished to speak.

1. DISCUSSION ON ANNUAL TOWN MEETING ZONING ARTICLES

Attorney Paul Schneiders spoke about a Zoning Articles that he would be presenting for submission at the
ATM 2006, pertaining to a Variance extension and Section 1.24 of the by-laws of Canton. The State statute
Allows the Zoning Board to grant one, six month extension for a variance. The By-law does not mention any
extension. He suggest that an Article be placed on the 2006 Annual Town Meeting to include the words of the
statute in our By-law. This is also an effort to avoid litigation for not putting it in our By-laws.

2. LOT RELEASE REQUEST-EVELYN ESTATES-TOLMAN STREET/COLM O'SHEA/PAUL
SCHNEIDERS, ESQ.

Atty. Schneiders reported that the subdivision is in excellent shape, with the top coat needed, curbing, and
landscaping in the Spring. Mr. O'Shea needs the money to finish the subdivision and wishes to get some of
the lots released to him. They are worth about $400,000. apiece. There is about $200,000. worth of work
needed to be done. Mr. Houston has not done an "estimate to complete" yet. Mr. Houston concurred that the
work done has been done without issue. Atty. Schneiders asked how many lots the Board wished to hold.
The binder course and utilities are in place. They are eligible for lot release. The roadway is 360'. Mr. Jenkins
spoke about the amount of bond figure. The road would figure about $120,000. and about 40% of the work is
done. Maybe another $40,000. to $50,000. for completion
Mr. Pineo feels that a bond amount is preferable. Atty. Schneiders feels that would be difficult. He asked that
Lots 4, 4A, 5, 6, 9, 10, be released to raise money. They could then post a bond after they sell some lots.
Atty. Schneiders stated that he would be in with a bond amount after he sells two lots, shortly.
Upon a motion made by Mr. Comeau and seconded by Mrs. Hayes, the Board voted to release Lots 4,
4A, 5, 6, 9, 10, by a vote of 5-0 in favor.
Upon a motion made by Mrs. Hayes and seconded by Mr. Comeau, the Board voted to add Lot 1 to be
released, by a vote of 5-0 in favor.
An "estimate to complete" will be done.

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Source page 2

3. ANR PLAN-15 PONKAPOAG WAY-PATRICK CONSIDINE

Mr. Pineo did not sit on this hearing and recussed himself. He sat in the audience.
Mr. Considine explained the Form A plan to the Board members. He is seeking to remove a 20' strip of land at
the rear of that lot from 15 Ponkapoag Way. Parcel 2 is not a buildible lot. He will be coming back to the
Board for a minor modification to the subdivision to accommodate this change in the near future. Mr. Comeau
asked if it could be labeled "for conveyance purposes only" on the plan. Mr. Considine had no issue with
having that language put on the plan. An abutter from 23 Ponkapoag Way was present and spoke on the plan.
He stated that he does not want a street onto Ponkapoag Way. He knows that he has an understanding with
this developer on this, but he want to know if there could be a condition put on this plan stating that there would
not be a road onto Ponkapoag Way.
Mr. Jenkins spoke on the subject that there is no separate lot being created. It is a strip in the back. All the
properties still basically whines up with parcel 1 (Ford property). There is not enough area in that parcel to
create a second house lot.
Mr. Miller spoke on the subject of another roadway. He stated that a minor modification to the approved
subdivision would have to applied for, and even if it was applied for, he is doubtful that the Planning Board
would allow such application to go forward.

Mr. Considine owns Lot 15. All utilities will go through this easement.
Upon a motion made by Mr. Jenkins and seconded by Mrs. Hayes, the Board voted to endorse Plan of
Land dated 12/1/05 on 15 Ponkapoag Way for conveyance purposes only, by a vote of 4-0 in favor.
Mr. Considine will have the plan adjusted to read "for conveyance purposes only" .

4. LOT RELEASE REQUEST-CANTON DALE-JACK KROWSKI/SUZANNE MATTHEWS, ESQ.

Attorney Matthews explained that she is before the Board tonight for the final lot to be released, Lot 4B,
formerly 4A. She explained the "fee in the road" execution issue that is going on, for those who own a fee in
the road on this subdivision. Mr. Krowski has counsel that has contacted the Town Counsel, and Mr. Krowski
has drafted the deeds and been approved by Town Counsel, in which all of these owners have a deed back to
the Town for $1.00. It is now only a matter of getting those deeds executed and notarized. Mr. Krowski is
anxious to have the Town take this road.

Mr. Pineo would like Jack to take a look at some of the street trees to see if they are doing alright, in the
Spring. He was agreeable to take care of that, if they need to be replaced.

Tom Houston mentioned the $4,500. left in the bond. Also, that the subdivision has been constructed to
acceptable standards.

Mr. Pineo asked about the resolution on drainage. Mr. Houston thought that the last lot got sold, before the
roof drains (dry wells) got put in. There is not way to revisit that now.
Upon a motion made by Mr. Jenkins and seconded by Mr. Comeau, the Board voted to release Lot 4B
formerly 4A in the Cantondale Subdivision, by a vote of 5-0 in favor.

5 SITE PLAN-656 CHAPMAN STREET-DAVID GAUGHAN/SUZANNE MATTHEWS, ESQ.
(due Jan. 2, 2006)

Attorney Matthews stated that she is before the Board tonight for a modification to a building at 656 Chapman
Street. Toomey-Munson is the engineer of their plan, to put an addition to the existing building.
Mr. Houston has been awarded the contract to review this plan.
The location is on the end of Chapman Street, on the corner of Neponset Street, at the light.

Mr. Manoines, of Toomey-Munson Associates spoke on the plan. There is an existing house, with a shared
driveway on the side, and an existing two-car garage. They will widen the driveway to 16'. A parking lot for six
cars in the back will be made. Handicap parking spaces will also be made. Eight total.

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